Shingo Insight Survey
Organization Participation Agreement
By submitting this Shingo Insight Assessment Application (“Application”) and/or participating in the Shingo Insight Survey (“Survey”), the organization set forth in this Application (“Participant”) agrees to the following terms and conditions:
Participation
Participant acknowledges that the Survey is provided by the Shingo Institute, a program within the Jon M. Huntsman School of Business at Utah State University (“USU”) and that the Survey is administered as a public and educational service to businesses and organizations interested in evaluating their operations based upon the Shingo principles of operational excellence. Participation in the Survey is completely voluntary.
Participant acknowledges and agrees that participation in the Survey will result in the Shingo Institute collecting various data submitted by the Participant in this Application and by its employees/membership (“Respondents”) participating in the Survey itself. Participant acknowledges and agrees that such collected data (i) may be used by the Shingo Institute to provide an assessment report to Participant, (ii) will be the intellectual property of USU, and (iii) may be used by the Shingo Institute, researchers at USU, and other researchers collaborating with USU for any academic or research purpose.
Participant acknowledges that the Shingo Institute reserves the right to use the data collected in connection with the Shingo Insight Survey for research and academic purposes. Any publication of Shingo Insight Survey data will be confined to (a) aggregated formats to ensure the confidentiality of organizations participating in the Shingo Insight Survey or (b) non-aggregated formats (e.g., raw data or other information that specifically identifies the participating organization) only after written approval has been obtained from the organization(s) that would be identified in such a publication.
Intellectual Property
“Insight Intellectual Property” means the trademarks and copyrightable materials associated with the Shingo Insight program, questions, database, etc. The Insight Intellectual Property specifically includes the Insight questions and any derivative works associated therewith.
Participant acknowledges and agrees (i) that USU is the sole and exclusive owner of all right, title, and interest in and to the Insight Intellectual Property and any registrations and applications for the Insight Intellectual Property and (ii) that Participant will do nothing inconsistent with such ownership. Participant further agrees that all use of the Insight Intellectual Property, as well as all goodwill associated therewith, shall inure to the benefit of and be on behalf of USU. Participant acknowledges that nothing in these terms and conditions grants Participant any right, title, or interest in the Insight Intellectual Property, other than the right to participate and have its Respondents participate in the Insight Survey. Participant agrees that it will not challenge, directly or indirectly, USU’s right, title, or interest in any of the Insight Intellectual Property or the validity of any of the Insight Intellectual Property. Participant shall promptly sign all lawful papers and perform all other lawful acts that USU may request to perfect USU’s ownership interest of the Insight Intellectual Property and any derivative works thereof. Participant agrees that USU is the sole and exclusive owner of all right, title, and interest in and to any derivative works of the Insight Intellectual Property. Participant agrees not to produce any such derivative work. Participant agrees not to copy, reproduce, make derivative works from, or otherwise use the Insight Intellectual Property for any purpose other than purposes approved by USU to facilitate the administration of the Survey. Participant understands, acknowledges, and agrees that USU may use the data collected from the Survey for academic and research purposes.
Participant agrees that USU has the sole right and discretion to control the filing and prosecution of all applications to register rights in the Insight Intellectual Property in all countries of the world, and the maintenance of any and all such registrations. Participant agrees to cooperate, at USU’s request and expense, in any action (including the conduct of legal proceedings) that USU deems necessary or desirable to establish or preserve USU’s exclusive rights in and to the Insight Intellectual Property.
Liability
Participant agrees that USU shall not be liable for any special, consequential, lost profit, expectation, punitive or other indirect damages in connection with any claim arising out of or relating to these terms and conditions, whether grounded in tort (including negligence), strict liability, contract, or otherwise. Participant shall indemnify, hold harmless, and defend USU against any claim of any kind arising out of or related to the breach of these terms and conditions by Participant or any Respondent.