+
+ 2.1 In these Terms, the following definitions will
+ apply:
+
+
+
+ Affiliate:
+
+ In respect of a party any person who, directly or indirectly,
+ controls, is controlled by, or is under common control with that
+ party, and for these purposes “control” and “controlling” are
+ defined as directly or indirectly possessing the power to direct
+ or cause the direction of the management and policies of such a
+ person, whether through ownership of voting interests, by
+ contract or otherwise;
+
+
+
+
+ Applicable Production Laws:
+ {" "}
+
+ All applicable laws (including securities laws), statutes,
+ regulations and codes from time to time in force;
+
+
+
+ Applicable Laws:
+
+ All Applicable Laws relating to data processing, protection, and
+ the privacy of individuals, including the UK GDPR (as defined in
+ section 3(10), as supplemented by section 205(4), of the UK’s
+ Data Protection Act 2018) and the EU GDPR (General Data
+ Protection Regulation (EU) 2016/679));
+
+
+
+ B.O.S:{" "}
+
+ the common layer for browsing and interacting with the “open
+ web” (compatible with any blockchain), known as the “NEAR
+ Blockchain Operating System” or “B.O.S.”;
+
+
+
+ Business Day:{" "}
+
+ a day, other than a Saturday, Sunday or public holiday in
+ Cayman, when banks are open for business;
+
+
+
+ Business Hours:{" "}
+
+ the period from 9.00 am to 5.00 pm on any Business Day;
+
+
+
+ Change Control:{" "}
+
+ where a person or entity who Controls any body corporate ceases
+ to do so or if another person or entity acquires Control of it.
+ For these purposes, “Control” means in relation to a body
+ corporate, the power of a person or entity to secure that the
+ affairs of the body corporate are conducted in accordance with
+ the wishes of that person or entity: by means of the holding of
+ shares, or the possession of voting power, in or in relation to
+ that or any other body corporate; or as a result of any powers
+ conferred by the constitution, articles of association or any
+ other document regulating that or any other body corporate
+
+
+
+
+ Confidential Information:
+ {" "}
+
+ Means all information of a confidential and proprietary nature,
+ whether created before or after the date of these Terms, which
+ the disclosing Party (“
+ Disclosing Party
+ ”) or its representatives directly or indirectly
+ discloses, or makes available, to the receiving Party (“
+ Receiving Party
+ ”) or its representatives or any of its Affiliates, or
+ their Representatives before, on or after the date of these
+ Terms, including:
+
+
+
+ -
+ {" "}
+
+ All business, financial, technical, operational, commercial,
+ employee, management and other information, data, experience
+ and expertise of whatever kind (including
+
+
+ -
+
+ Information relating to trade secrets, know-how, designs,
+ software (both source code and object code), intellectual
+ property rights, inventions, patents, technology, operations,
+ processes, plans, intentions, product information and
+ development, marketing knowledge, marketing opportunities and
+ sales information, business plans and dealings, financial
+ information, forecasts, budgets, and plans, historic and
+ current and future transactions, affairs and/or business) of
+ the Disclosing Party; and
+
+
+ -
+
+ Information derived from information falling within paragraph
+ (i) above including analyses, compilations, studies and other
+ documents prepared by any Party to these Terms or on their
+ behalf which contain or otherwise reflect or are generated
+ from the information specified in paragraph (ii);
+
+
+
+
+
+ -
+
+ Is in the public domain at the time of disclosure or which
+ subsequently comes into the public domain through no breach of
+ these Terms by the Receiving Party;
+
+
+ -
+
+ Was already lawfully in the possession of the Receiving Party
+ prior to its disclosure by the Disclosing Party;
+
+
+ -
+
+ Is subsequently disclosed to the Receiving Party by a third
+ Party who, to the Receiving Party’s knowledge, did not breach
+ any confidentiality obligations in respect of the information
+ and/or from someone owing a duty of confidence to the
+ Disclosing Party; or
+
+
+ -
+
+ The Parties have agreed in writing that it is not
+ confidential.
+
+
+
+
+ Grant:
+
+ The grant given by the Foundation to you pursuant to, and in
+ accordance with these Terms, following Proposal approval by the
+ Relevant Community;
+
+
+
+
+ Intellectual Property Rights:{" "}
+ {" "}
+
+ Patent rights (including patent applications and disclosures),
+ copyrights, trademarks, trade secret rights, business names and
+ domain names, goodwill and the right to sue for passing off,
+ rights in designs, rights in computer software, database rights,
+ rights to use, and protect the confidentiality of, confidential
+ information (including know-how and trade secrets) and all other
+ intellectual property rights, in each case whether registered or
+ unregistered and including all applications and rights to apply
+ for and be granted, renewals or extensions of, and rights to
+ claim priority from, such rights and all similar or equivalent
+ rights or forms of protection which subsist or will subsist now
+ or in the future in any part of the world;
+
+
+
+ NEAR Ecosystem:{" "}
+
+ The NEAR Technology’s ecosystem, comprised of the projects and
+ applications that have been or are being developed and/or built
+ on, or are running on, the NEAR Technology and their respective
+ communities, contributors and developers;
+
+
+
+ NEAR Protocol:{" "}
+
+ the sharded, developer-friendly, proof-of-stake, layer one
+ blockchain, known as “NEAR Protocol”;
+
+
+
+ NEAR Technology:
+ B.O.S. and NEAR Protocol;
+
+
+ NEAR Tokens:{" "}
+
+ The native cryptographic currency of the NEAR Protocol;
+
+
+
+ Proposal:{" "}
+
+ Funding proposals submitted to the Relevant Community by members
+ of the NEAR ecosystem for products and/or services connected to
+ the Purpose. Relevant Community and/or Supervisor’s approval of
+ the Proposal is a condition of the Grant;
+
+
+
+ Relevant Community:{" "}
+
+ NEAR Ecosystem community responsible for the approval of the
+ Proposal through the NEAR Ecosystem governance system.
+ Communities are responsible for the approval of Proposals
+ entitled to receive the Grants. For the purpose of these Terms,
+ the term ‘’(“Relevant Communities
+ ”) here include but is not limited to DevHub, Events
+ Committee and Education Committee;
+
+
+
+ Software:
+
+ Any software (of whatever nature) created, developed and/or
+ deployed of software in respect of achieving the Purpose;
+
+
+
+ Supervisors:
+
+ Any moderator or appointed representative of the Relevant
+ Community responsible for reviewing, analyzing and/or approving
+ the Proposals;
+
+
+
+ Tokens:{" "}
+
+ any cryptographical coin, token or currency, including (without
+ limitation) USDC, USDT and the NEAR Token;
+
+
+
+ USDC:
+
+ USD Coin (USDC), the stablecoin pegged to the US Dollar and
+ originally issued by Circle, native to the NEAR Protocol; and
+
+
+
+ USDT:{" "}
+
+ Tether (USDT), the stablecoin pegged to the US Dollar and
+ originally issued by Tether, native to the NEAR Protocol.
+
+
+