[{"subject":"Academic-Industry Collaborative Research Agreement(company owned)","dataClassName":"表單下載","pubUnitName":"Office of Research and Development                                                                  ","posterDate":null,"updateDate":"2025-02-25","detailContent":"","summary":"National Yang Ming Chiao Tung University Academic-Industry Collaborative Research Agreement (Reference Template)\r\n\r\n\r\nThe contracting parties are National Yang Ming Chiao Tung University (hereinafter referred to as \"Party A\") and __________ Co., Ltd. (hereinafter referred to as \"Party B\"). For the purpose of conducting a research project, both parties hereby enter into this contract and agree to the following conditions:\r\nArticle 1\tConsent of the Parties\r\nParty B hereby agrees to entrust Party A and the principal investigator to perform the __________ Research (hereinafter referred to as \"the Research\"), and Party A agrees to be entrusted to perform the Research in accordance with the provisions of this Agreement, the results of which shall be owned by Party B. The relevant provisions are listed in Attachment 1.\r\nArticle 2\tResearch Content\r\nThe contents of the Research are described in the __________ Research Proposal (hereinafter referred to as the \"Proposal\") in Attachment 2, which is part of this Agreement.\r\nArticle 3\tResearch Period\r\nThe period of the Research project shall be from __________ to __________.\r\nArticle 4\tTotal Funding\r\n1.\tThe total funding of this Agreement is NT$________ (excluding business tax, hereinafter the same), including the research funding and the advance technology transfer fund, of which the research funding is NT$________ as detailed in the Proposal and the advance technology transfer fund is NT$________ (between 15% to 40% of the research funding of this Agreement), the expenditure of which is not related to Party B. The advance technology transfer agreement is attached as Attachment 1.\r\n2.\tThe relevant taxes and handling fees arising from the performance of this Agreement shall be borne by Party B.\r\nArticle 5\tPayment Method\r\nParty B shall pay Party A the research fund and the advance technology transfer fund in accordance with the following terms:\r\n1.\tWithin ____ days after this Agreement becomes effective, Party B shall pay Party A ________ for research funding and ________ for advance technology transfer fund in one lump sum.\r\n2.\tThe principal investigator of Party A shall deliver Party B the interim research results, and within ____ days after Party B's review and approval, Party B shall pay Party A the research funding of ________.\r\n3.\tThe principal investigator of Party A shall deliver Party B the final research results, and within ____ days after Party B's review and approval, Party B shall pay Party A the research funding of ________.\r\n4.\tParty A shall deliver to Party B all receipts upon the commencement of this Agreement and upon delivery of research reports for each period to Party B for payment.\r\nArticle 6\tResearch Progress\r\n1.\tParty A and the principal investigator shall conduct the research in accordance with the progress specified in the proposal.\r\n2.\tParty B may request Party A and the principal investigator to submit oral reports and related information on the progress of this Research as necessary. The content of the oral report and related information shall be sufficient to enable Party B to understand the progress of the Research. The location of the oral report shall be determined by Party B.\r\n3.\tParty B may assign personnel to Party A as necessary to understand Party A's implementation of the Research. Party A and the principal investigator shall provide all necessary assistance to such personnel.\r\nArticle 7\tResearch Results\r\n1.\tThe principal investigator of Party A shall submit the research results in accordance with the regulations of the Proposal. If it is not stipulated in the Proposal, the following method shall apply:\r\n(1)\tWithin ____ months from the beginning of the research period set forth in Article 3, the principal investigator of Party A shall deliver to Party B ____ copies of the interim research results of the Research.\r\n(2)\tThe principal investigator of Party A shall deliver to Party B ____ copies of the final research results of the Research within ____ months after the expiration of the research period set forth in Article 3.\r\n2.\tThe form of the research report shall be in accordance with Party B's regulations.\r\nArticle 8\tConsultation and Explanation\r\n1.\tDuring the implementation of this Research, Party A and the principal investigator shall, upon Party B's request, come to the place designated by Party B to provide consultation and explanation on the research results. Party A and the principal investigator shall agree with Party B that the time for consultation and explanation shall be limited to no more than ___ hours.\r\n2.\tIf Party B needs to increase the time for consultation and explanation, both parties may come to a separate agreement, provided that it does not affect the teaching and research time of Party A and the principal investigator. If there is another agreement in the proposal, such agreement shall be followed.\r\nArticle 9\tUse of Funds\r\nParty A shall set up a separate account for the research project, and the use of related funds includes but is not limited to talent training scholarships or outstanding talent cultivation scholarships.\r\nArticle 10\tExpenditure Vouchers\r\nParty A shall properly keep all the original expenditure vouchers related to the research funds of the Research. Party B may at any time send staff to check, photocopy and transcribe the aforementioned vouchers. Party A shall provide all necessary assistance to the personnel assigned by Party B. However, if Party A is sending all original expenditure vouchers of the Research to the National Audit Office for audit on a regular basis in accordance with the provisions of Article 36 of the Audit Act, the foregoing shall not apply.\r\nArticle 11\tEquipment Management\r\n1.\tParty A and the principal investigator may request to borrow Party B's related equipment when necessary to perform the research work of the Research. Party B shall not refuse to do so if it does not affect its normal operation. The use of the loaned equipment shall be limited to the execution of the work related to the Research.\r\n2.\tParty A and the principal investigator shall take care of the borrowed equipment with the care of a good administrator. All transportation and shipping costs of the borrowed equipment and its insurance shall be borne by Party A.\r\n3.\tThe property rights of the library equipment purchased by Party A with the research budget shall belong to Party A and shall be included in the management of the university property.\r\nArticle 12\tIntellectual Property Rights\r\n1.\tThe research results and intellectual property rights owned by Party A and Party B prior to the execution of the Research shall remain the same. If Party B needs to use Party A's existing research results or intellectual property rights, it must obtain written authorization from Party A before using them. The research results and any patents, copyrights, circuit layout rights and other related intellectual property rights (hereinafter collectively referred to as \"research results\") that may be obtained as a result of the execution of the \"Research\" shall belong to Party B. However, Party B shall list Party A's principal investigator and Party A's other actual creators as the inventors of the patent at the time of patent application.\r\n2.\tParty A and the principal investigator shall not apply for registration of the above intellectual property rights with any authority for patent, copyright or other intellectual property rights. Except when Party B agrees or Party B abstains from applying for registration.\r\nArticle 13\tWarranty\r\n1.\tExcept as expressly provided in this Agreement, Party A disclaims all warrant liabilities, including the possibility of commercialization and applicability of the results of the Research, and if Party B needs to obtain authorization from any third party for the implementation of the Research, Party B shall obtain such authorization on its own, without any involvement of Party A or the principal investigator.\r\n2.\tParty A and the principal investigator warrant that the data and documents related to the Research are obtained from their own research and development and are not in any way plagiarized or counterfeited.\r\n3.\tParty B warrants that without the prior written consent of Party A, Party B shall not use or promote the research results for commercial purposes (including but not limited to public marketing, promotion or advertising of products/goods or services) by referring to Party A's name, University logo or other symbols.\r\nArticle 14\tLiability for Infringement\r\nParty A shall not be liable to Party B and third parties for any infringement of intellectual property rights arising from the use by Party B of patents, copyrights, circuit layout rights and other intellectual property rights produced by this Research, if such infringement is claimed by a third party.\r\nArticle 15\tDuty of Confidentiality\r\n1.\tConfidential information known to or obtained by either party (hereinafter referred to as the receiving party) from the other party (hereinafter referred to as the disclosing party) as a result of this Agreement shall be kept confidential and shall not be disclosed or delivered to a third party in any manner other than with the prior written consent of the disclosing party or as required by law, court decision or order of a government agency, except for the publication of the results of Article 16. If the disclosure of confidential information is made in writing, it shall be marked \"Confidential\", \"Secret\" or other similar words. If the disclosure is made orally, the other party shall be informed at the time of disclosure that it is a confidential information and shall confirm in writing to the other party that it is confidential within seven days after the disclosure. Upon termination of this Agreement, the receiving party shall return, destroy or otherwise dispose of the Confidential Information as directed by the disclosing party. This Article shall not be invalidated, terminated, or discharged by reason of the subsequent inactivity, invalidity, or termination of this Agreement. However, this Article shall cease to have effect three years after the expiration of the full term of this Research.\r\n2.\tThe obligations of either party under the first paragraph of this Article shall not apply to the following information:\r\n(1)\tInformation that is known to the public other than by reason of a breach of this Agreement.\r\n(2)\tInformation that was in the possession of the party before it was acquired and for which there is no obligation of confidentiality.\r\n(3)\tIf the information is properly obtained from a third party without an obligation of confidentiality.\r\n(4)\tThe party can prove in writing that it was developed by itself.\r\n(5)\tThe disclosure is made with the express written consent of the other party.\r\n(6)\tThe disclosure is required by law due to a government agency or court ruling.\r\n3.\tEither party shall be responsible for requiring its personnel involved in this Research, including but not limited to researchers, employees or students, to comply with the provisions of this Article. A breach of this Article by personnel of either party shall be deemed to be a breach of this Article by that party.\r\n4.\tThe parties further agree that neither party will bring criminal proceedings against the other party under Article 13-1 of the Trade Secrets Act by virtue of this Article.\r\nArticle 16\tResults Publication\r\n1.\tParty A and the principal investigator may publish the results of their research in this Research, but shall obtain prior written consent from Party B. However, if Party B does not give Party A or the principal investigator a written reply within 30 days after receiving written notice from Party A or the principal investigator, Party B shall be deemed to have given its consent.\r\n2.\tParty B shall not refuse to give such consent without justifiable cause.\r\nArticle 17\tResearch Restrictions\r\nDuring the research period of this Research, the principal investigator and Party A's personnel involved in this Research shall not engage in the same work as this Research for a third party without Party B's prior written consent.\r\nArticle 18\tTransfer of Rights and Obligations\r\nThe rights and obligations of Party A and Party B under this Agreement shall not be transferred to any third party without the prior written consent of both parties.\r\nArticle 19\tChanges to the Project\r\nBoth parties may change the content of this research project in writing if they deem it necessary. However, the research progress and funding shall be reasonably adjusted by agreement between both parties. In the event of failure to do so, either party may terminate this Agreement by written notice to the other party without liability for damages. In such case, Party B shall not require Party A to return the research funds it has expended; however, Party A shall return to Party B, without interest, any unexpended portion of the research funds it has received from Party B after termination of this Agreement.\r\nArticle 20\tTermination of Agreement\r\n1.\tUnless otherwise agreed herein, if either party fails to perform this Agreement or fails to perform in accordance with this Agreement, the other party may, by written notice to the other party, rectify the situation within fifteen days. If the party fails to do so, the other party may terminate this Agreement by a written notice.\r\n2.\tIf this Agreement is terminated by Party A in accordance with the preceding paragraph for reasons attributable to Party B, Party A shall not be required to return the research funds it has received from Party B. If, for reasons other than those attributable to Party A, Party B fails to pay the fees in accordance with Article 5, Party B shall pay interest at the rate of 5% per annum on the total amount for each day of delay after notification by Party A or the principal investigator. If payment is not made within one month, Party A may terminate this Agreement. Party B shall indemnify Party A and the principal investigator for any damages incurred by Party B.\r\n3.\tUpon termination of this Agreement by Party B as a result of the first provision, Party A and the principal investigator shall cease to perform the Project as of the date of notice and shall return to Party B, without interest, any unexpended portion of the research funds received from Party B. Party B may also cease payment of its share of the research funds.\r\n4.\tThis Agreement may be terminated by mutual agreement if either party determines that the continuation of the Research does not achieve the intended purpose. In such a case, the other party shall be notified in writing of the termination 30 days in advance. Party A and the principal investigator shall cease to perform the Project as of the date of such notice and shall return to Party B, without interest, any unexpended portion of the research funds received from Party B upon termination of this Agreement; provided, however, that Party B shall not seek reimbursement from Party A for the research funds already expended. Neither party shall have any claim for damages from the other party as a result.\r\nArticle 21\tForce Majeure\r\nIf the performance of this Agreement cannot be carried out by or in accordance with this Agreement due to flood, fire, wind, earthquake or other causes not attributable to one of the parties, such party shall be exempt from any obligation to pay to others and shall not be liable for delay.\r\nArticle 22\tDelivery of Documents\r\nUpon termination or cancellation of this Agreement, Party A and the principal investigator shall immediately deliver to Party B the documents, prototypes and other items arising from this Research, except for Article 11, Paragraph 3.\r\nArticle 23\tIndemnification of Damages\r\nUnless otherwise agreed in this Agreement, the liability of Party A or Party B for damages under this Agreement shall be limited to the amount of the actual research funds paid by Party B to Party A for this Research, in accordance with the agreement between Party A and Party B and the principal investigator.\r\nArticle 24\tEffective Date\r\n1.\tThis Agreement shall be effective from the beginning of the research period set forth in Article 3 after it has been legally signed by both parties.\r\n2.\tThe obligations of Party A under the following provisions of this Agreement shall not be waived by the termination or cancellation of this Agreement: Article 10, Article 12, Article 13, Article 14, Article 15 and Article 18.\r\nArticle 25\tConsensual Jurisdiction\r\nIn the event of litigation arising out of this Agreement, both parties hereby agree that the Taiwan Hsinchu District Court shall be the court of first instance.\r\nArticle 26\tMutual Understanding\r\n1.\tThis Agreement and its attachments constitute the mutual understanding of the parties with respect to this subject matter. Anything agreed upon by the parties prior to the execution of this Agreement but not contained in this Agreement or its attachments shall not be binding on the parties.\r\n2.\tThe attachments shall have the same effect as this Agreement, but in the event of any conflict between the two, this Agreement shall prevail.\r\n3.\tThis Agreement may be amended or supplemented by mutual consent.\r\n4.\tIf any provision or part of this Agreement is invalidated by a court decision, it shall not affect the validity of the other provisions.\r\nArticle 27\tNumber of Copies of Contract\r\nThis contract is in three original copies, one for each party and one for the principal investigator.\r\n\r\nContracting Parties:\r\nParty A: National Yang Ming Chiao Tung University\r\nRepresentative:\r\nTitle:\r\nAddress: No. 1001, Daxue Rd., Hsinchu City\r\nGUI Number: 87557573\r\nPrincipal Investigator\r\nName:\r\nTitle:\r\nNational ID Number (last 3 numbers):\r\nParty B: ___________________ Co., Ltd.\r\nRepresentative:\r\nTitle:\r\nAddress:\r\nGUI Number:\r\nDate: _____________\r\n \r\n\r\nAttachment 1: Advance Technology Transfer Agreement\r\nNational Yang Ming Chiao Tung University (hereinafter referred to as \"Party A\"), based on an academia-industry collaboration, has been entrusted by AA Corporation (hereinafter referred to as \"Party B\") to perform the BB Research (hereinafter referred to as \"the Research\") and to sign an academia-industry collaborative research agreement (hereinafter referred to as \"the Academia-Industry Agreement\") to be performed by Party A's principal investigator. Both parties and the principal investigator agree to agree on the following terms and conditions for the license and transfer of the research results expected to be produced by the Research, which shall be performed in good faith:\r\nArticle 1: Subject Matter of Technology Transfer\r\nThe subject matter to be transferred under this Agreement shall be the research results of the \"Research\" and the patents, copyrights, circuit layout rights and other related intellectual property rights that may be acquired. The percentage of technology transfer is 100% of all rights.\r\nArticle 2: Technology Transfer Consideration\r\n1.\tParty B shall pay Party A an advance technology transfer fund between 15% to 40% of the research funds of the \"Academia-Industry Agreement\", i.e., NT$__________, as stipulated in Article 4, Paragraph 1 of the \"Academia-Industry Agreement\", which shall be allocated by Party A in accordance with the relevant regulations on the management of research and development results and technology transfer of the University, and the expenditure of which shall not be related to Party B.\r\n2.\tIf Party B implements the research results of Article 1 and produces related products or provides related services, Party B agrees to allocate ___% of the total sales of such products or services as derivative benefits to Party A each year during the sales period. Party B shall report by January 31 of each year the sales of products or services produced by using the research results of this Research, and the proportion of the research results to each product in the previous year, and calculate the derivative benefits.\r\n3.\tIf Party B licenses the \"research results\" to a third party and has income, after deducting the maintenance fee for intellectual property application, the cost of external license and other related expenses, both parties agree to share the income in the ratio of ____% for Party A and ____% for Party B. Party B shall report the income of licensing third parties in the previous year and calculate the derivative interests by January 31 of each year.\r\n4.\tParty B shall pay the derivative benefits in items 2 and 3 of this Article within 30 days after Party A's approval. Party A may assign accounting personnel or appoint an accountant to visit Party B's principal business premises as necessary to audit the amount of sales revenue of products or services produced by Party B using the results of this Research, and Party B shall cooperate in the execution of such audit and shall not refuse to do so under any pretext. If Party B does not report the license revenue and sales, or if Party B refuses or neglects to cooperate in the audit so that the license revenue and sales cannot be confirmed, the derivative benefits for that year shall be deemed to be no less than ten times the total funds for the \"advance technology transfer fund\".\r\n5.\tThe relevant taxes and handling fees arising from the performance of this Agreement shall be borne by Party B.\r\nArticle 3: Effective Date of this Agreement\r\nThis Agreement shall become effective on the effective date of the \"Academia-Industry Agreement\" or the last date of signing between the parties to the \"Academia-Industry Agreement\". In case of any matters not covered in this Agreement, the provisions of the Academia-Industry Agreement shall apply.\r\n \r\nAttachment 2: Research Proposal","liaisonper":null,"liaisontel":null,"liaisonfax":null,"liaisonemail":null,"docs":[{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1343774065722134528&type=s","pdffileurl":"","odffileurl":"","expFile":"Academic-Industry+Collaborative+Research+Agreement(company+owned)"},{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1343774065562750976&type=s","pdffileurl":"","odffileurl":"","expFile":"Academic-Industry+Collaborative+Research+Agreement(company+owned)"}],"images":[],"videos":[],"audios":[],"resources":[]},{"subject":"A three-in-one attachment of industry-academia collaboration contract","dataClassName":"表單下載","pubUnitName":"Office of Research and Development                                                                  ","posterDate":null,"updateDate":"2024-12-06","detailContent":"","summary":"Self-Certification and Declaration of Host of Academia-Industry Collaboration\r\n\r\nApproved at the 2nd Meeting of the Research and Development Standing Committee of the Chiao Tung Campus on May 12, 2021\r\nThe undersigned ________ (hereinafter referred to as the undersigned) is employed by National Yang Ming Chiao Tung University (hereinafter referred to as the University). During the period of employment, in order to carry out the University’s academia-industry collaboration with __________ (including but not limited to government agencies, consortia, academic research institutions, companies and other domestic and foreign partner organizations), I hereby guarantee and declare as follows:\r\n(Please check the boxes based on the facts)\r\nI.\tThe declaration and self-certification of the undersigned regarding the academia-industry collaboration:\r\n1.\tDoes it involve a governmental funding program?\r\n(If Yes, please check the following two boxes)\tYes□ No□\r\n(1)\tThe undersigned is willing to comply with the relevant regulations of the governmental funding program. If the government agency fully authorizes the R&D results to be managed and used by the University, the undersigned shall inform the collaborating institution to sign a separate license agreement with the University if the collaborating institution needs to use the R&D results in the future.\t□Agree\r\n(2)\tIf the agreement between the undersigned and the collaborating institution on the vesting of the R&D results is in conflict with the University’s right to manage and apply the R&D results, the undersigned shall first sign a written agreement with the University’s decision-making unit.\t□Agree\r\n2.1\tIs the R&D results or intellectual property of the University used?\r\n(The source of the results includes “self-research and development results” without governmental funding programs)\r\n(If Yes, please check the following three boxes)\tYes□ No□\r\n(1)\tDoes the use of the University’s existing research and development results or intellectual property involve a governmental funding program?\tYes□ No□\r\n(2)\tDoes the use of the University’s existing research and development results or intellectual property involve a non-governmental funding program?\tYes□ No□\r\n(3)\tHas the undersigned informed the collaborating institution that it shall sign a separate license agreement with the University and notify the colleagues in the University’s Center of Academia and Industry Collaboration?\tYes□ No□\r\n2.2\tIf you check “No” on using the University’s existing research and development results or intellectual property rights, you shall ensure that the results or rights produced are clean and free of defects. If the University’s rights are damaged as a result of inaccurate checking, you shall bear the responsibility according to the relevant regulations of the University and the government.\t□Agree\r\nII.\tThe intellectual property rights arising from the collaboration between the undersigned and the University under the Copyright Act, Patent Act, Trademark Act, and other intellectual property laws (including but not limited to patents, trade secrets, know-how, property information, copyrights, and trademarks, same hereinafter) shall vest in the University unless otherwise agreed upon in a prior written agreement with the University and approved by the decision-making unit, or unless otherwise provided by the governmental funding program.\t□Agree\r\nIII.\tIf the signatory of the collaborating institution has not yet used the seal or cannot be proved to be the legal representative, a legal representative of the collaborating institution shall be asked to use the seal first. If for any reason it cannot be corrected, the undersigned is willing to compensate and settle any loss suffered by the University in the future due to lack of legal representation or related disputes.\t□Agree\r\nIV.\tIn order to maintain the confidentiality of the research and development results and to strictly abide by the obligation of confidentiality, the undersigned acknowledges that all personnel involved in the academia-industry collaboration have signed a confidentiality agreement, which will be managed by the undersigned. In the future, if there is a breach of confidentiality obligations or a dispute over the ownership of rights and interests by the participants who have not signed, the undersigned is willing to compensate for the breach of confidentiality obligations and cooperate with the University in resolving related disputes.\t□Agree\r\nV.\tThe documents, information, or other related technology provided in the past, present, and future for the purpose of academia-industry collaboration do not infringe on the intellectual property rights of any third party. In the event that the University is requested by or sued by the collaborating institution or other third parties for any infringement of intellectual property rights in the course or as a result of the collaboration, the undersigned is willing to cooperate fully in the necessary defense procedures to protect the relevant rights and agrees to unconditionally assume responsibility for the infringement and bear all costs incurred as a result.\t□Agree\r\nVI.\tIf there is a performance bond for this academia-industry collaboration, it shall be deducted from the contract amount or covered by the undersigned’s own funds, and no separate warranty contract may be requested. (Resolved by the 20th Administrative Meeting of Academic Year 93)\t□Agree\r\nVII.\tIf the collaborating institution does not pay the tax and handling fee in accordance with the contract, the undersigned agrees to pay it by the balance of the project or by its own funds.\t□Agree\r\nVIII.\tThe undersigned is aware that the ethical review process and rights and responsibilities of the research shall be completed prior to the execution of the human subjects research project. In the event that the review is not approved in the future, the undersigned shall be liable for any breach of contract and shall bear all costs incurred as a result of the failure to meet its obligations under the contract.\t□Agree\r\nTo National Yang Ming Chiao Tung University\r\nSignatory:\r\nDepartment/Title:\r\nDate of Signature:\r\n \r\n Researcher Confidentiality and Rights Vesting Consent Form for Academia-Industry Collaboration\r\n(Reference Template)\r\nAmended by the Center of Academia-Industry Collaboration on May 12, 2021\r\nIn order to maintain the confidentiality of the research results, when performing matters related to this collaborative research between National Yang Ming Chiao Tung University (hereinafter referred to as “the University”) and the following academia-industry collaboration institutions, the undersigned agrees to abide by the following provisions of this Consent Form and acknowledges that the vesting status of the intellectual property rights with the University is as follows:\r\nArticle 1\tFull name of the collaborating institution: _________________.\r\nArticle 2\tFull name of the academia-industry collaboration: _________________ (hereinafter referred to as the Collaboration)\r\nArticle 3\tThe term “research and development results” refers to intellectual property rights such as patents, copyrights, integrated circuit layouts, trade secrets, computer software, know-how, and other technical data generated from the aforementioned Collaboration.\r\n\tIn accordance with the Patent Act, the Copyright Act, the Trade Secrets Act, and other relevant intellectual property laws, the intellectual property rights of the research and development results shall be vested in the University, and the moral rights shall remain vested in the creator, unless otherwise specified in a prior written agreement with the University, in a contract with the consent of the decision-making unit, or in a funding program from a government agency. The University’s property rights may be used for related purposes.\r\nArticle 4\tThe term “technical secrets” refers to all commercial, technical or production secrets related to this Collaboration marked “confidential”, “restricted” or other synonyms that have not been made public, or items, documents and information that are not marked but shall be considered confidential according to the University’s rules and regulations or general business and legal concepts.\r\nArticle 5\tThe undersigned guarantees the obligation to maintain confidentiality during and after employment. The undersigned guarantees that he/she will not, during his/her term of study and after graduation or completion of his/her studies, use or implement any of the University’s or the creator’s research and development results or technical secrets in any way that is known or held by any third party without the written consent of the University, and will not use or enable third parties to use the research and development results or technical secrets of the University or the creator in any way.\r\nArticle 6\tThe undersigned agrees to fulfill his/her duty of care as a good administrator and to take the necessary protective measures to maintain the confidentiality of the research and development results or technical secrets of the University or the creator that he/she knows or holds during his/her employment.\r\nArticle 7\tIf the principal investigator or representative of creators of the University discloses or releases the confidentiality of the research and development results or technical secrets to the public, the undersigned shall also be released from the duty of confidentiality of the research and development results or technical secrets.\r\nArticle 8\tWhen an undersigned leaves the University or when an undersigned student leaves a research laboratory, he/she shall keep any objects and information (regardless of the storage medium) belonging to the University or licensed to the University by a third party, except for his/her personal belongings. The original or photocopies shall be returned to the University and shall not be retained for personal use, and shall be immediately handed over to the University or to a person designated by the University and the relevant procedures shall be completed. The same applies to requests for return from the University.\r\nArticle 9\tThe undersigned will not cite or use any technical secrets owned by the former employer in the course of his/her duties at the University without the written authorization of the former employer. The undersigned also guarantees not to disclose to the University any research and development results or technical secrets not legally authorized by others for the University’s use or for his/her own use in his/her duties.\r\nArticle 10\tThe principal investigator or the creator’s representative shall inform the undersigned of his/her obligation of confidentiality to others under the law or the contract before he/she signs this consent form.\r\nArticle 11\tIf the undersigned violates the provisions of this consent form, the University may, in addition to terminating the employment relationship between the parties, request the undersigned to indemnify the University for any damages suffered or hold the undersigned liable for any breach of confidentiality.\r\nArticle 12\tThe undersigned’s obligation of confidentiality under this consent form shall not be invalidated by the termination, nullification, invalidation, or unsuccessful creation of the employment or employment relationship between the parties. In the event that the undersigned is a student, the consent of the undersigned shall not be invalidated by graduation or non-completion.\r\nArticle 13\tIf any part of this consent form is invalid or unenforceable, it shall not affect the validity of the other terms and conditions.\r\nArticle 14\tThe principal investigator or the creator’s representative acknowledges that all participants in the academia-industry collaboration have signed this consent form and that the principal investigator or the creator’s representative will manage the confidentiality measures. If in the future any participant who has not signed this consent form breaches the confidentiality obligation or disputes the ownership of the rights, the principal investigator or creator’s representative will be jointly responsible for compensating the participant who has not signed this consent form for the breach of confidentiality obligation and cooperating with the University to resolve the related disputes.\r\nArticle 15\tThe principal investigator or creator’s representative and the participants or collaborating institutions who have knowledge of the personal information in this consent form shall comply with the provisions of the Personal Data Protection Act and shall not disclose it without the written consent of the undersigned, and shall compensate the University and the victim for damages for any violation.\r\n\r\nPlease sign here (if you are a principal investigator or a creator’s representative):\r\nSignature\tNational ID Number or Passport Number\tHousehold Address\tService Unit and Title\r\n\t\t\t\r\n\t\t\t\r\nPlease sign here (if you are not a principal investigator or a creator’s representative):\r\nSignature\tNational ID Number or Passport Number\tHousehold Address\tService Unit and Title\r\n\t\t\t\r\n\t\t\t\r\n\t\t\t\r\n\t\t\t\r\n\t\t\t\r\n\t\t\t\r\n\t\t\t\r\nNote: All students and faculty participating in this collaboration must sign. If there is not enough space, you can add more on this page, or add a form on blank paper and stamp it with a paging seal to prove that it is the same confidential consent form.\r\n\r\nDate: ________________\r\nNational Yang Ming Chiao Tung University\r\nDeclaration of Avoidance of Conflicts of Interest and Disclosure of Information for Academia-Industry Collaboration\r\nApproved at the 2nd Meeting of the Research and Development Standing Committee of the Chiao Tung Campus on May 12, 2021\r\n▓Name of Academia-Industry Collaboration (hereinafter referred to as the Collaboration):\r\n▓Collaborating Institution*Note 1:\r\n▓Academia-Industry Collaboration Type:\r\n1.\tTechnology transfer: □Non-exclusive license □Exclusive license □Transfer □Other___________\r\nOr\r\n2.\tAcademia-industry collaboration: □Governmental funding program (□National Science and Technology Council □Ministry of Economic Affairs □Other___________)\r\n□Non-governmental funding program □Other___________)\r\n▓The undersigned (including the principal investigator, the co-principal investigator, the creator’s representative and the case handling person)\r\n________________________ hereby declares that the following six elements are met for the purpose of this collaboration:\r\nPlease check if all the following are met□\r\n1.\tThe undersigned, his/her spouse and minor children have not received any property interest in excess of NT$150,000 from the academia-industry collaboration*Note 1 or held more than 5% of the equity interest in the academia-industry collaboration and the business within the previous year.\r\n2.\tThe undersigned, his/her spouse, relatives within the second degree of kinship, and other family members living together are not the responsible person, director, supervisor, or manager of the academia-industry collaboration (except for those who are representatives of shareholders of government agencies or public institutions).\r\n3.\tThere are no circumstances in the preceding two paragraphs before the undersigned or its related parties*Note 2 intend to license or transfer the research and development results to the collaborating institution, nor are there circumstances in the preceding two paragraphs after the license or transfer of the research and development results.\r\n4.\tIf the undersigned or his/her spouse has a trust property, the trustee is not a responsible person, director, supervisor or manager of the academia-industry collaboration (except if the trustee is a shareholder’s representative of a government agency or public institution).\r\n5.\tIn the past three years, there were no financial transactions between the undersigned (or its related parties) and the collaborating institution or its responsible persons, directors, supervisors or managers, such as loans, investments, endorsements, guarantees, etc., at prices and interest rates that are not in line with normal and reasonable market transactions.\r\n6.\tIf the undersigned participates in an academia-industry collaboration project of the National Science and Technology Council (or its affiliates), there is no employment, appointment or agency relationship between the collaborating institution or its responsible person in the past three years. For those who apply for National Science and Technology Council grant for research projects, although they have the aforementioned relationship with the collaborating institution, the following two requirements are met: (1) the aforementioned relationship is with the collaborating institution through the collaborating project appointed by the University; and (2) the content of the collaboration is related to or continuous with that of the appointed collaborative project.\r\nIf any of the first six items “do not meet”, please continue to fill in or check the seventh and eighth items. (If not, the seventh and eighth items are not required)\r\n7.\tThis collaboration is subject to a government program or ordinance that specifically excludes avoidance of conflicts of interest:\r\n□Yes (Name of regulation: ________________________).\r\n□No (Self-identified reasons for avoidance of conflict of interest: ________________________).\r\n8.\tIf there is no applicable exclusion in the preceding paragraph, or if you believe that there is a potential conflict of interest, please continue to check or complete your self-proposed avoidance plan as follows (you may check more than one box):\r\n□The undersigned and its related parties will not participate in the negotiation of contract terms.\r\n□The undersigned agrees to waive the distribution of income from the partnership.\r\n□The undersigned has taken the initiative to disclose the avoidance of conflict of interest and information to the academia-industry collaboration, which has been reviewed and approved by the collaborating institution, and the certificate is attached.\r\n□Other self-prepared avoidance plans: \r\n\r\n----------------------------------------------------------------------------------------------------\r\n*This declaration is in accordance with the University’s “Principles of Conflict of Interest Avoidance and Information Disclosure in the Management and Use of R&D Results”. (This declaration is also applicable to the application of National Science and Technology Council or other government programs)\r\n*Note 1\r\n\tAcademia-industry collaboration institutions: In accordance with the first paragraph of Article 3 of the Regulations for the Implementation of Academia-industry Collaboration in Colleges and Universities, Article 8 of the Government Scientific and Technological Research and Development Results Ownership and Utilization Regulation, and the relevant regulations of the National Science and Technology Council Government Scientific and Technological Research and Development Results Ownership and Utilization Regulation, including government agencies, institutions, private organizations, academic research institutions, and profit-making enterprises that engage in academia-industry collaboration with the undersigned.\r\n*Note 2\r\n\tRelated party: This includes the spouse or family member living with the undersigned, a relative within the second degree of kinship, or a trustee of the undersigned’s or his/her spouse’s trust property.\r\n*Note 3\r\n\tIf the undersigned believes that there is a conflict of interest, the undersigned is required to complete this declaration and submit it for review as early as two months prior to the application deadline in order to avoid not being able to submit the application by the program deadline.\r\nThe undersigned declares that the above statements are all true.\r\nTo the National Yang Ming Chiao Tung University\r\n   Undersigned: ___________________ (Signature or seal)\r\n   Unit/Title:\r\n   National ID Number:\r\nDate:","liaisonper":null,"liaisontel":null,"liaisonfax":null,"liaisonemail":null,"docs":[{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1314440562564141056&type=s","pdffileurl":"","odffileurl":"","expFile":"A three-in-one attachment of industry-academia collaboration contract"}],"images":[],"videos":[],"audios":[],"resources":[]},{"subject":"Academic-Industry Collaborative Research Agreement(co-owned)","dataClassName":"表單下載","pubUnitName":"Office of Research and Development                                                                  ","posterDate":null,"updateDate":"2024-06-17","detailContent":"","summary":"National Yang Ming Chiao Tung University Academic-Industry Collaborative Research Agreement (Reference Template)\r\nThe contracting parties are National Yang Ming Chiao Tung University (hereinafter referred to as “Party A”) and __________ Co., Ltd. (hereinafter referred to as “Party B”). For the purpose of conducting a research project, both parties hereby enter into this contract and agree to the following conditions:\r\nArticle 1\tConsent of the Parties\r\nParty B hereby agrees to entrust Party A and the principal investigator to perform the __________ Research (hereinafter referred to as “the Research”), and Party A agrees to be entrusted to perform the Research in accordance with the provisions of this Agreement.\r\nArticle 2\tResearch Content\r\nThe contents of the Research are described in the __________ Research Proposal (hereinafter referred to as the “Proposal”) in Attachment 1, which is part of this Agreement.\r\nArticle 3\tResearch Period\r\nThe period of the Research project shall be from _________ to _________.\r\nArticle 4\tResearch Funding\r\n1.\tThe research funding of this Agreement is NT$________ (excluding business tax, hereinafter the same), as detailed in the Proposal.\r\n2.\tThe relevant taxes and handling fees arising from the performance of this Agreement shall be borne by Party B.\r\nArticle 5\tPayment Method\r\nResearch funds shall be paid by Party B to Party A in installments in accordance with the following terms:\r\n1.\tWithin ____ days after this Agreement becomes effective, Party B shall pay Party A ________.\r\n2.\tThe principal investigator of Party A shall deliver Party B the interim research results, and within ____ days after Party B’s review and approval, Party B shall pay Party A ________.\r\n3.\tThe principal investigator of Party A shall deliver Party B the final research results, and within ____ days after Party B’s review and approval, Party B shall pay Party A the ________.\r\n4.\tParty A shall deliver to Party B all receipts upon the commencement of this Agreement and upon delivery of research reports for each period to Party B for payment.\r\nArticle 6\tResearch Progress\r\n1.\tParty A and the principal investigator shall conduct the research in accordance with the progress specified in the proposal.\r\n2.\tParty B may request Party A and the principal investigator to submit oral reports and related information on the progress of this Research as necessary. The content of the oral report and related information shall be sufficient to enable Party B to understand the progress of the Research. The location of the oral report shall be determined by Party B.\r\n3.\tParty B may assign personnel to Party A as necessary to understand Party A’s implementation of the Research. Party A and the principal investigator shall provide all necessary assistance to such personnel.\r\nArticle 7\tResearch Results\r\n1.\tThe principal investigator of Party A shall submit the research results in accordance with the regulations of the Proposal. If it is not stipulated in the Proposal, the following method shall apply:\r\n(1)\tWithin ____ months from the beginning of the research period set forth in Article 3, Party A and the principal investigator shall deliver to Party B ____ copies of the interim research results of the Research.\r\n(2)\tParty A and the principal investigator shall deliver to Party B ____ copies of the final research results of the Research within ____ months after the expiration of the research period set forth in Article 3.\r\n2.\tThe form of the research report shall be in accordance with Party B’s regulations.\r\nArticle 8\tConsultation and Explanation\r\n1.\tDuring the implementation of this Research, Party A and the principal investigator shall, upon Party B’s request, come to the place designated by Party B to provide consultation and explanation on the research results. Party A and the principal investigator shall agree with Party B that the time for consultation and explanation shall be limited to no more than ___ hours.\r\n2.\tIf Party B needs to increase the time for consultation and explanation, both parties may come to a separate agreement, provided that it does not affect the teaching and research time of Party A and the principal investigator. If there is another agreement in the proposal, such agreement shall be followed.\r\nArticle 9\tUse of Funds\r\nParty A shall set up a separate account for the research project, and the related funds shall be used in accordance with the research contents and items (including talent training scholarships or outstanding talent cultivation scholarships) as stated in the “Proposal”.\r\nArticle 10\tExpenditure Vouchers\r\nParty A shall properly keep all the original expenditure vouchers related to the funds of the Research. Party B may at any time send staff to check, photocopy and transcribe the aforementioned vouchers. Party A shall provide all necessary assistance to the personnel assigned by Party B. However, if Party A is sending all original expenditure vouchers of the Research to the National Audit Office for audit on a regular basis in accordance with the provisions of Article 36 of the Audit Act, the foregoing shall not apply.\r\nArticle 11\tEquipment Management\r\n1.\tParty A and the principal investigator may request to borrow Party B’s related equipment when necessary to perform the research work. Party B shall not refuse to do so if it does not affect its normal operation. The use of the loaned equipment shall be limited to the execution of the work related to the Research.\r\n2.\tParty A and the principal investigator shall take care of the borrowed equipment with the care of a good administrator. All transportation and shipping costs of the borrowed equipment and its insurance shall be borne by Party A.\r\n3.\tThe property rights of the library equipment purchased by Party A with the research budget shall belong to Party A and shall be included in the management of the university property.\r\nArticle 12\tIntellectual Property Rights\r\n1.\tThe research results and intellectual property rights owned by Party A and Party B prior to the execution of the Research shall remain the same. If Party B needs to use Party A’s existing research results or intellectual property rights, it must obtain written authorization from Party A before using them. Unless otherwise agreed by both parties, the patents, copyrights, circuit layout rights, and other intellectual property rights that may be obtained by Party A and the principal investigator as a result of the research results of this Research shall be jointly owned equally between Party A and Party B (hereinafter referred to as “joint results”). The parties further agree that neither party shall institute criminal proceedings against the user under Article 13-1 of the Trade Secrets Act for the use, implementation, or licensing of the joint results by the other party (hereinafter referred to as the “user”).\r\n2.\tParty A and the principal investigator shall not apply for registration of the above intellectual property rights with any authority for patent, copyright or other intellectual property rights. Except when Party B agrees or Party B abstains from applying for registration.\r\n3.\tParty B may apply to any relevant authority for the registration of patent or other intellectual property rights in respect of the joint result, provided that both parties are co-owners of the applied-for rights at the time of application or registration and that Party B is the representative. Party B shall bear all costs related to the application or registration or acquisition of rights and maintenance, and Party A and the principal investigator shall provide all necessary technical assistance. Party B shall notify or make two copies of the patent application related information (application date, application number, electronic file of patent specification, copy of patent certificate, registration of patent right authorization, extinguishment or revocation of patent right, etc.) jointly owned by both parties to Party A and Party A’s principal investigator.\r\n4.\tIf Party B applies for patents, copyrights, circuit layout rights, and other intellectual property rights for the joint results, Party A’s personnel who are listed in the application as the inventors or actual creators of the Research may apply to Party B in writing for rewards in the same manner as Party B’s rewards for its employees at the time of signing the contract.\r\n5.\tUnless otherwise agreed by both parties, one party shall not create a right of pledge, trust, or provide or authorize the use or implementation of the joint results to a third party without the written consent of the other party.\r\n6.\tIf Party A and Party B license or transfer the joint results to a third party for use or implementation, both parties agree to allocate the revenue from the license or transfer (e.g., contractual fee, royalty, derivative benefit, etc.) in the ratio of 60% for the promoting party and 40% for the other party.\r\n7.\tParty B shall have the priority to accept such transfer if Party A wishes to transfer its share to a third party; Party A shall also have the priority to accept such transfer if Party B wishes to transfer its share to a third party.\r\n8.\tIf Party B implements the relevant products or provides the relevant services produced by the joint results, Party B agrees to allocate to Party A a percentage of the total sales of such products or services each year during the sales period as a derivative benefit. Party B shall report the sales of the products produced by using the joint results and the proportion (00%) of the joint results to each product in the previous year by January 31 of each year, and calculate the derivative benefit; after Party A’s approval, Party B shall pay it within 30 days.\r\n9.\tIf Party B abstains from applying to any relevant authority for registration of patent or other intellectual property rights for the joint results, or if Party B does not bear all the costs related to application or registration or acquisition of rights and maintenance, Party A shall bear all the costs itself and the resulting patent rights shall be exclusively owned by Party A. Party B shall sign a separate license agreement with Party A if it needs to use them.\r\nArticle 13\tWarranty\r\n1.\tExcept as expressly provided in this Agreement, Party A disclaims all warrant liabilities, including the possibility of commercialization and applicability of the results of the Research, and if Party B needs to obtain authorization from any third party for the implementation of the Research, Party B shall obtain such authorization on its own, without any involvement of Party A or the principal investigator.\r\n2.\tParty A and the principal investigator warrant that the data and documents related to the Research are obtained from their own research and development and are not in any way plagiarized or counterfeited.\r\n3.\tParty B warrants that without the prior written consent of Party A, Party B shall not use or promote the research results for commercial purposes (including but not limited to public marketing, promotion or advertising of products/goods or services) by referring to Party A’s name, University logo or other symbols.\r\nArticle 14\tLiability for Infringement\r\n1.\tIn the event of any infringement of intellectual property rights by a third party, Party B shall notify Party A as soon as possible and both parties shall make every effort to carry out the necessary defense procedures to ensure the rights and interests. Party A shall not be liable to Party B and third parties for any infringement. However, if Party B is involved in litigation, Party A shall provide Party B with all of its relevant information, documents and items.\r\n2.\tIn the event that the patents, copyrights, circuit layout rights and other intellectual property rights arising from this Research are infringed, Party B shall immediately notify Party A when exercising its rights or filing a request for litigation, and Party A and the principal investigator shall assist Party B in taking protective actions or conducting legal proceedings to ensure the mutual rights and interests of both parties.\r\nArticle 15\tDuty of Confidentiality\r\n1.\tConfidential information known to or obtained by either party (hereinafter referred to as the receiving party) from the other party (hereinafter referred to as the disclosing party) as a result of this Agreement shall be kept confidential and shall not be disclosed or delivered to a third party in any manner other than with the prior written consent of the disclosing party or as required by law, court decision or order of a government agency, except for the publication of the results of Article 16. If the disclosure of confidential information is made in writing, it shall be marked “Confidential”, “Secret” or other similar words. If the disclosure is made orally, the other party shall be informed at the time of disclosure that it is a confidential information and shall confirm in writing to the other party that it is confidential within seven days after the disclosure. Upon termination of this Agreement, the receiving party shall return, destroy or otherwise dispose of the Confidential Information as directed by the disclosing party. This Article shall not be invalidated, terminated, or discharged by reason of the subsequent inactivity, invalidity, or termination of this Agreement. However, this Article shall cease to have effect three years after the expiration of the full term of this Research.\r\n2.\tThe joint results are confidential information jointly owned by both parties and are not subject to the foregoing limitations. Either party may disclose the results of the use, implementation, or licensing of the results to a third party, but shall enter into a confidentiality agreement with such third party identical to or similar to this Article. In accordance with Article 12 of this Agreement, either party may also disclose the joint results to the agent who applied for registration and to the governmental agency that handled the registration in connection with the application for registration.\r\n3.\tThe obligations of either party under the first and second paragraph of this Article shall not apply to the following information:\r\n(1)\tInformation that is known to the public other than by reason of a breach of this Agreement.\r\n(2)\tInformation that was in the possession of the party before it was acquired and for which there is no obligation of confidentiality.\r\n(3)\tIf the information is properly obtained from a third party without an obligation of confidentiality.\r\n(4)\tThe party can prove in writing that it was developed by itself.\r\n(5)\tThe disclosure is made with the express written consent of the other party.\r\n(6)\tThe disclosure is required by law due to a government agency or court ruling.\r\n4.\tEither party shall be responsible for requiring its personnel involved in this Research, including but not limited to researchers, employees or students, to comply with the provisions of this Article. A breach of this Article by personnel of either party shall be deemed to be a breach of this Article by that party.\r\nArticle 16\tResults Publication\r\n1.\tParty A and the principal investigator may publish the results of their research in this Research, but shall obtain prior written consent from Party B. However, if Party B does not give Party A or the principal investigator a written reply within 30 days after receiving written notice from Party A or the principal investigator, Party B shall be deemed to have given its consent.\r\n2.\tParty B shall not refuse to give such consent without justifiable cause.\r\nArticle 17\tResearch Restrictions\r\nDuring the research period of this Research, the principal investigator and Party A’s personnel involved in this Research shall not engage in the same work as this Research for a third party without Party B’s prior written consent.\r\nArticle 18\tTransfer of Rights and Obligations\r\nThe rights and obligations of Party A and Party B under this Agreement shall not be transferred to any third party without the prior written consent of both parties.\r\nArticle 19\tChanges to the Project\r\nBoth parties may change the content of this research project in writing if they deem it necessary. However, the research progress and funding shall be reasonably adjusted by agreement between both parties. In the event of failure to do so, either party may terminate this Agreement by written notice to the other party without liability for damages. In such case, Party B shall not require Party A to return the research funds it has expended; however, Party A shall return to Party B, without interest, any unexpended portion of the research funds it has received from Party B after termination of this Agreement.\r\nArticle 20\tTermination of Agreement\r\n1.\tUnless otherwise agreed herein, if either party fails to perform this Agreement or fails to perform in accordance with this Agreement, the other party may, by written notice to the other party, rectify the situation within fifteen days. If the party fails to do so, the other party may terminate this Agreement by a written notice.\r\n2.\tIf this Agreement is terminated by Party A in accordance with the preceding paragraph for reasons attributable to Party B, Party A shall not be required to return the research funds it has received from Party B. If, for reasons other than those attributable to Party A, Party B fails to pay the fees in accordance with Article 5, Party B shall pay interest at the rate of 5% per annum on the total amount for each day of delay after notification by Party A or the principal investigator. If payment is not made within one month, Party A may terminate this Agreement. Party B shall indemnify Party A and the principal investigator for any damages incurred by Party B.\r\n3.\tUpon termination of this Agreement by Party B as a result of the first provision, Party A and the principal investigator shall cease to perform the Project as of the date of notice and shall return to Party B, without interest, any unexpended portion of the research funds received from Party B. Party B may also cease payment of its share of the research funds.\r\n4.\tThis Agreement may be terminated by mutual agreement if either party determines that the continuation of the Research does not achieve the intended purpose. In such a case, the other party shall be notified in writing of the termination 30 days in advance. Party A and the principal investigator shall cease to perform the Project as of the date of such notice and shall return to Party B, without interest, any unexpended portion of the research funds received from Party B upon termination of this Agreement; provided, however, that Party B shall not seek reimbursement from Party A for the research funds already expended. Neither party shall have any claim for damages from the other party as a result.\r\nArticle 21\tForce Majeure\r\nIf the performance of this Agreement cannot be carried out by or in accordance with this Agreement due to flood, fire, wind, earthquake or other causes not attributable to one of the parties, such party shall be exempt from any obligation to pay to others and shall not be liable for delay.\r\nArticle 22\tDelivery of Documents\r\nUpon termination or cancellation of this Agreement, Party A and the principal investigator shall immediately deliver to Party B the documents, prototypes and other items arising from this Research, except for Article 11, Paragraph 3 and Article 12, Paragraph 9.\r\nArticle 23\tIndemnification of Damages\r\nUnless otherwise agreed in this Agreement, the liability of Party A or Party B for damages under this Agreement shall be limited to the amount of the actual research funds paid by Party B to Party A for this Research, in accordance with the agreement between Party A and Party B and the principal investigator.\r\nArticle 24\tEffective Date\r\n1.\tThis Agreement shall be effective from the beginning of the research period set forth in Article 3 after it has been legally signed by both parties.\r\n2.\tThe obligations of Party A under the following provisions of this Agreement shall not be waived by the termination or cancellation of this Agreement: Article 10, Article 12, Article 13, Article 14, Article 15 and Article 18.\r\nArticle 25\tConsensual Jurisdiction\r\nIn the event of litigation arising out of this Agreement, both parties hereby agree that the Taiwan Hsinchu District Court shall be the court of first instance.\r\nArticle 26\tMutual Understanding\r\n1.\tThis Agreement and its attachments constitute the mutual understanding of the parties with respect to this subject matter. Anything agreed upon by the parties prior to the execution of this Agreement but not contained in this Agreement or its attachments shall not be binding on the parties.\r\n2.\tThe attachments shall have the same effect as this Agreement, but in the event of any conflict between the two, this Agreement shall prevail.\r\n3.\tThis Agreement may be amended or supplemented by mutual consent.\r\n4.\tIf any provision or part of this Agreement is invalidated by a court decision, it shall not affect the validity of the other provisions.\r\nArticle 27\tNumber of Copies of Contract\r\nThis contract is in three original copies, one for each party and one for the principal investigator.\r\n\r\nContracting Parties:\r\nParty A: National Yang Ming Chiao Tung University\r\nRepresentative:\r\nTitle:\r\nAddress: No. 1001, Daxue Rd., Hsinchu City\r\nGUI Number: 87557573\r\nPrincipal Investigator\r\nName:\r\nTitle:\r\nNational ID Number (last 3 numbers):\r\nParty B: ___________________ Co., Ltd.\r\nRepresentative:\r\nTitle:\r\nAddress:\r\nGUI Number:\r\n\r\nDate: ____________","liaisonper":null,"liaisontel":null,"liaisonfax":null,"liaisonemail":null,"docs":[{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1252165825914212352&type=s","pdffileurl":"","odffileurl":"","expFile":""},{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1239471584830296064&type=s","pdffileurl":"","odffileurl":"","expFile":""}],"images":[],"videos":[],"audios":[],"resources":[]},{"subject":"Mutual Confidentiality Contract","dataClassName":"表單下載","pubUnitName":"Office of Research and Development                                                                  ","posterDate":null,"updateDate":"2024-06-17","detailContent":"","summary":"The contracting parties are National Yang Ming Chiao Tung University (hereinafter referred to as “Party A”) and           Corporation (hereinafter referred to as “Party B”). For the purpose of conducting a research project, Party A and Party B hereby enter into this contract and agree to the following conditions:\r\nArticle 1\tDuty of Confidentiality\r\n1.\tConfidential information known to or obtained by either party (hereinafter referred to as the Receiving Party) from the other party (hereinafter referred to as the Disclosing Party) as a result of this Contract shall be kept confidential and shall not be disclosed or delivered to a third party in any manner without the prior written consent of the Disclosing Party or as required by law, court decision or order of a government agency. If the disclosure of confidential information is made in writing, it shall be marked “Confidential”, “Secret” or other similar words. If the disclosure is made verbally, the other party shall be informed of the confidentiality of the document at the time of disclosure and shall confirm in writing to the other party that it is confidential within seven days after the disclosure. Upon termination of this Contract, the Receiving Party shall return, destroy or otherwise dispose of the confidential information in accordance with the instructions of the Disclosing Party. This Article shall not be invalidated, terminated, or cancelled by reason of any subsequent failure, invalidity, or termination of the Contract. However, this Article shall expire     years after the expiration of this Contract.\r\n2.\tThe joint results are confidential information shared by both parties and are not subject to the foregoing limitations. Either party may disclose the results of the use, implementation, or licensing of the results to a third party, but shall enter into a confidentiality agreement with such third party identical to or similar to this Article.\r\n3.\tThe obligations of either party under paragraphs 1 and 2 of this Article shall not apply to the following information:\r\n(1)\tThe information is known to the public other than as a result of a breach of this Article.\r\n(2)\tThe information was properly in the possession of the party before it was acquired from the other party and is not subject to an obligation of confidentiality.\r\n(3)\tThe party can properly obtain it from a third party without any obligation of confidentiality.\r\n(4)\tThe party can prove in writing that it was developed by itself.\r\n(5)\tThe disclosure is made with the express written consent of the other party.\r\n(6)\tThe disclosure is required by law due to the actions of government agencies or court rulings.\r\n4.\tEither party shall be responsible for requiring its personnel involved in this research, including but not limited to researchers, employees or students, to comply with the provisions of this Article. A breach of this Article by the personnel of either party shall be considered a breach of this Article by that party.\r\nArticle 2\tConsensual Jurisdiction\r\nIn the event of litigation arising out of this Contract, both parties hereby agree that the Taiwan Hsinchu District Court shall be the court of first instance.\r\nArticle 3\tNumber of Copies\r\nThere shall be three original copies of this Contract, one for each Party A and B and the Principal Investigator.\r\nContracting Parties:\r\nParty A: National Yang Ming Chiao Tung University\r\nRepresentative:\r\nTitle:\r\nAddress: No. 1001, Daxue Rd., Hsinchu City\r\nGUI Number: 87557573\r\nCollaborating Professor\r\nName:          \r\nTitle:          \r\nNational ID Number (last three codes):\r\nParty B:                      \r\nRepresentative:          \r\nTitle:          \r\nAddress:          \r\nGUI Number:          \r\n\r\nDate: ____________","liaisonper":null,"liaisontel":null,"liaisonfax":null,"liaisonemail":null,"docs":[{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1252164924025606144&type=s","pdffileurl":"","odffileurl":"","expFile":""},{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1239472143138295808&type=s","pdffileurl":"","odffileurl":"","expFile":""}],"images":[],"videos":[],"audios":[],"resources":[]},{"subject":"National Science and Technology Council Project Funding Change Request Form","dataClassName":"表單下載","pubUnitName":"Instrumentation Resource Center                                                                     ","posterDate":null,"updateDate":"2023-10-30","detailContent":"","summary":"","liaisonper":null,"liaisontel":null,"liaisonfax":null,"liaisonemail":null,"docs":[{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1168429654046937088&type=s","pdffileurl":"","odffileurl":"","expFile":"National Science and Technology Council Project Funding Change Request Form"}],"images":[],"videos":[],"audios":[],"resources":[]},{"subject":"Application Form for Project Management by Staff of Industry-Academia Collaboration Program","dataClassName":"表單下載","pubUnitName":"Instrumentation Resource Center                                                                     ","posterDate":null,"updateDate":"2023-10-30","detailContent":"","summary":"","liaisonper":null,"liaisontel":null,"liaisonfax":null,"liaisonemail":null,"docs":[{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1168428242479091712&type=s","pdffileurl":"","odffileurl":"","expFile":"Application Form for Project Management by Staff of Industry-Academia Collaboration Program"}],"images":[],"videos":[],"audios":[],"resources":[]},{"subject":"Research Project Data Retention Record Form","dataClassName":"表單下載","pubUnitName":"Instrumentation Resource Center                                                                     ","posterDate":null,"updateDate":"2023-10-30","detailContent":"","summary":"","liaisonper":null,"liaisontel":null,"liaisonfax":null,"liaisonemail":null,"docs":[{"fileurl":"https://ord.nycu.edu.tw/ord/en/app/data/doc?module=nycu0039&detailNo=1168427824252456960&type=s","pdffileurl":"","odffileurl":"","expFile":"Research Project Data Retention Record Form"}],"images":[],"videos":[],"audios":[],"resources":[]}]