This EOI process is a non-formal, non-binding registration process and registration is entirely voluntary. Undertaking this EOI does not constitute any representation, warranty, invitation or commitment by IDA or and other party to proceed with any matter whatsoever including any project, initiative, policy or grant approval. This EOI process does not constitute an offer or an invitation to make an offer in relation to any participation in the Cirrus Cloud Computing Testbed project and does not indicate an intention by IDA to enter into any form of legal relations with any party voluntarily participating in this EOI.
You hereby agree that IDA reserves the right, at its discretion and at any time, to:
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Change the structure, procedures and timing of the EOI process
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Contact any applicant or registrant in order to clarify any matter relating to the applicant's or registrant's EOI interest
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Require additional information from any registrant
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Refuse registration by any particular party at any time
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Permit further registrants to register at any time
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Reject any EOI registration at any time for any reason
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Publish the names of registrants in the EOI public register
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Not provide registrants with any reason for any actions or decisions it may take
You hereby grant IDA a worldwide, irrevocable, non-exclusive right and license, to use any information you provide to IDA in relation to this EOI without limit of time and for all purposes. IDA reserves the right for it, and its officers, advisors and consultants to copy, adapt, disclose or do anything else necessary (in IDA's opinion) to all information submitted, for the purpose of the EOI registration. For the avoidance of doubt, this EOI does not affect intellectual property rights (including but not limited to patents, copyrights, trademarks and design rights) belonging to or licensed by you or IDA prior to your registration to participate in this EOI nor does either party hereby grant to the other any rights in respect thereof.
You hereby represent and warrant that all information provided by you shall be true and accurate at all relevant times. You must inform the Cirrus Cloud Computing Testbed Project Director promptly in writing of any material change to any of the information contained in your EOI response(s), and of any material change in circumstances which may affect the truth, completeness or accuracy of any information provided in, or in connection with, your EOI response.
Any information provided by you may, at IDA's sole and absolute discretion, be published by IDA from time to time in any form whatsoever in any medium of IDA's choice. You hereby represent and warrant that you are duly authorised to and have all consents, licences, authorisations and resolutions necessary to participate in this EOI and that the provision of any information by you in relation to this EOI does not infringe the legal, contractual or intellectual property rights of any third party and is not in violation or breach of any law, statute or regulation.
You must not approach officers, employees, representatives, consultants or advisors of IDA with a view to providing information in respect of any part of your EOI response or attempting to support or enhance the prospect of your company name(s) being listed in the EOI public register. Any such approach or attempted approach by you may lead to the rejection of your EOI response.
IDA reserves the right, in its absolute discretion and at any time, to cancel, add to or amend the information, terms, procedures and protocols or any aspect of the Cirrus Cloud Computing Testbed project set out in this EOI without giving reasons. No party will have any claim against IDA, any of its authorities or other agencies, or their respective employees, officers, advisors or consultants with respect to the exercise, or failure to exercise, such right.
IDA will not be responsible for, or pay for, any costs, expenses or loss incurred by any party in preparing or lodging an EOI response or participating in or complying with the EOI process.
You will not have a right to appeal to IDA against any decisions made by IDA relating to this EOI.
You are required in your EOI response(s) to explicitly acknowledge, agree to and accept all of the terms contained in these Terms and Conditions.
You hereby undertake to indemnify IDA against all proceedings, costs, expenses, liabilities, injury, death, loss or damage arising out of (a) the breach or negligent performance or failure in performance by you of the terms of these Terms and Conditions, and (b) any reliance by IDA or any third party upon the information you have provided to IDA pursuant to this EOI.
IDA grants no warranties relating to any aspect of this EOI, and all conditions, warranties, stipulations or other statements whatsoever, whether express or implied, by statute at common law or otherwise howsoever arising, are hereby expressly excluded; in particular (but without limitation of the foregoing) IDA grants no warranties regarding the fitness of purpose, performance use, quality or merchantability of any information, statement or representation provided by IDA in relation to this EOI, whether express or implied, by statute, at common law or otherwise howsoever.
IDA accepts no liability for the reliance on any information listed in the website. While the website will be regularly updated, the accuracy or authenticity of the information cannot be guaranteed and users may need to do their own verification.
In any event, and notwithstanding anything contained in these Terms and Conditions, in no circumstances shall IDA be liable, in contract, tort (including negligence or breach of statutory duty), or otherwise howsoever, and whatever the cause thereof, (i) for any increased cost or expenses, or (ii) for any loss of profit, business, contracts, revenues or anticipated savings, or (iii) for any special indirect or consequential damage of any nature whatsoever.
You must note that your participation in this EOI has no bearing on any future proposal by you in response to subsequent calls for proposals (if any). All proposals in response to future calls will be evaluated against a published set of criteria that will take no account of whether or not the proposal had been the subject of a previous EOI submission.
