To: W Booth School of Engineering Practice & Technology
McMaster University
ETB 521
1280 Main Street West
Hamilton, Ontario L8S 0A3
I, [Student Name]________________, of ____[Residential Address]______________ acknowledge by signing below that during my participation in programs delivered by the W Booth School of Engineering Practice and Technology/McMaster University which includes, but is not limited to: courses, projects, informal or formal discussions, that I may become privy to certain projects or parts of them created by other students participating in School programs (including those of any student working with me on the same project, or by members of staff supporting the students, or by third party collaborators such as other students, mentors, faculty, etc.). School projects (“the Projects”) may include, but shall not be limited to ideas, inventions, plans and concepts (“the Ideas”) for which patent or other intellectual property and legal protection may be, or is being sought. I also acknowledge that the Ideas which form part of the Projects, together with any other information, disclosed by the School or by any other student or member of staff or any third party collaborator in relation to the Projects or the Ideas to which I may become privy, constitute confidential information that may be of commercial value.
1. In consideration of the School, a student, a member of staff or a third party collaborator disclosing any such information to me and administering programs delivered by the School, and subject to clauses 2 and 3 below, I agree:
1.1. to maintain as confidential the Projects and Ideas and any and all information (other than my own Ideas and information) that may be imparted to me, obtained during my studies at the School or which may come into my possession as a result of, or in connection with the School, whether it is disclosed orally, in writing, machine
1.2. not to use or copy the Confidential Information for any purpose other than in connection with the School and in particular not to make any commercial use of it for my own benefit or for the benefit of any third party, whether commercial or otherwise; and
1.3. not to dispose of, or publish (whether orally or in writing) any Confidential Information in any circumstances.
2. The undertaking in clause 1 shall not apply to:
2.1. Information in the public domain at the time of disclosure, or subsequently comes within the public domain without any fault on my part;
2.2. Information known to the me at the time of disclosure, provided there is adequate documentation to confirm such prior knowledge;
2.3. Information approved for release by written approval of McMaster University;
2.4. Information disclosed to third parties by McMaster University without similar restrictions on such third parties; or
2.5. Information required to be disclosed by government agency or law, provided that McMaster University is provided with prior written notice of any such disclosure.
3. The obligations set out in clause 1, for the avoidance of doubt; do not prevent me from using, copying, disposing of or publishing in any way the Confidential Information upon the written instructions of any authorized faculty member or staff of the School.
4. If I cease to take part in the School for any reason whatsoever, I agree to return immediately upon request to the School any and all materials in my possession that contain any Confidential Information.
5. I acknowledge that I am giving this undertaking to the School for its own benefit and for the benefit of its existing and future collaborators and their respective members of staff, students and other agents. Accordingly, I agree that the School may assign the whole or any part of its rights to enforce this undertaking and its rights to claim damages as a result of any such entities or individuals suffering loss as a result of any breach of this undertaking.
6. This Agreement shall be in effect throughout the duration of my studies at the School, and a further two years following completion and/or termination of my studies.
7. This undertaking shall be governed in all respects by the laws of Ontario and of Canada.