Access Rights for Use. 1. Beneficiaries shall enjoy access rights to foreground, if it is needed to use their own Subject to agreement, such access rights shall be granted either under fair and reasonable conditions or be royalty-free.
2. Beneficiaries shall enjoy access rights to background, if it is needed to use their own foreground provided that the beneficiary concerned is entitled to grant them. Subject to agreement, such access rights shall be granted either under fair and reasonable conditions or be royalty-free.
3. An affiliated entity established in a Member State or Associated country shall also enjoy access rights, referred to in paragraphs 1 and 2, to foreground or background under the same conditions as the beneficiary to which it is affiliated, unless otherwise provided for in the consortium agreement. As the access rights referred to in paragraphs 1 and 2 require that access is needed to use own foreground, this paragraph only applies to the extent that ownership of foreground was transferred to an affiliate entity established in a Member State or Associated country. The beneficiaries may provide for arrangements regarding access rights for affiliated entities in their consortium agreement, including regarding any notification requirements.
4. A request for access rights under paragraphs 1, 2 or 3 may be made up to one year after either of the following events:
a) the end of the project; or
b) termination of participation by the owner of the background or foreground
Access Rights for Use. 9.4.1 Access Rights to Foreground if Needed for Use of a Party's own Foreground shall be granted on a royalty-free basis.
9.4.2 A request for Access Rights may be made up to twelve months after the end of the Project or, in the case of Art. 9.
7.2.1. 2, after the termination of the requesting Party’s participation in the Project.
Access Rights for Use. 9.4.1 Access Rights to Foreground if Needed for Use of a Party's own Foreground including for third-party research shall be granted on Fair and Reasonable conditions. Access rights for internal research activities shall be granted on a royalty-free basis.
Access Rights for Use. Any Access Rights for Use which are deemed granted on a Royalty-Free basis shall be deemed granted for the lifetime of the relevant Foreground. Access Rights to all Foreground for Use are hereby requested, and shall be deemed granted, as of the date of the Foreground arising, on a Royalty-Free basis to and by all Parties. Access Rights to Background and Sideground needed for the Use of any Foreground to which a Party is entitled under this Consortium Agreement shall be granted on Fair and Reasonable Conditions subject to the following: The Party requiring the grant of such Access Rights (the Requesting Party) shall make a written request to the Party (the Granting Party) from which it requires the Access Rights. The written request shall identify the Foreground and the Background and/or Sideground concerned and shall provide reasons why Access Rights to such Background and/or Sideground are needed for the Use of such Foreground. Any such Access Rights shall only be granted upon the signature of a written agreement between the Granting Party and the Receiving Party and shall not be otherwise deemed granted. Any Access Rights granted shall be limited to those strictly needed for the Use of the identified Foreground.
Access Rights for Use. 9.4.1 Access Rights to Foreground if Needed for Use of a Party's own Foreground shall be granted on fair and reasonable conditions and upon written agreement between the concerned Parties. A third party shall not be granted direct Access to Foreground generated by other Parties unless those Parties explicitly agree to it in writing.
9.4.2 Access rights to Foreground if Needed for Use of a Party’s own Foreground for non- commercial internal research activities and for internal non commercial education purposes shall be granted on a royalty-free basis.
Access Rights for Use. 9.4.1 Access Rights to Foreground if Needed for Use of a Party's own Foreground shall be granted on a Fair and Reasonable conditions.
Access Rights for Use. 10.4.1 Unless a Party has as soon as reasonably possible and preferably before submission of the Project proposal to the Commission but in any case prior to entering the Contract or the Consortium Agreement (whichever is the later) notified in writing the other Parties of its intention to invoke the following provisions of (i) the Contract Annex II, Article 13.1, second paragraph (where possible stating the conditions it proposes), and/or (ii) the Contract Annex II Article 14 (stating the details mentioned in the Contract Xxxxx XX Article 14) and/or (iii) the Contract Annex II Article 15 (giving the necessary rationale therefor) each Party hereby agrees not to invoke any of them in respect of which it has not so given such notification, except with unanimous agreement of the Parties.
10.4.2 Access Rights for Use which are to be granted on royalty-free terms shall be deemed granted on the date set out in the Contract Article 2 for the lifetime of the relevant Knowledge.
10.4.3 Save as set out in the Contract Annex 1, no Party shall have any obligation to port any Software to any particular equipment but:
(i) each Party shall make Software resulting from the Project available to other Parties in any form needed, including source code
(a) to Use it (including without limitation by adapting, modifying, converting, translating and copying or having such acts carried out on its behalf) directly or indirectly - in research, or to create and market a product or process, or to create and provide a service and
(b) to sublicense it as is normal in the course of the relevant trade to end-user customers buying/using the product/services but only to enable them to use and, as needed, (i) to maintain such product/service, and (ii) to create for its own end-use interacting interoperable Software in accordance with the Council Directive of 14 May 1991 on the legal protection of computer programs (91/250/EEC).
(ii) each Party shall make other Software available and shall grant, on preferential terms, Access Rights which are additional to those set out in the Contract Annex II, 13(2) but which are needed for Section 10.4.3(i)(b).
(a) each such sublicence shall when practical be made by a traceable agreement specifying and protecting the proprietary rights of the Party or Parties concerned; and
(b) each sublicensing Party and Affiliate shall obtain the previous written approval of the owner of the Software before sublicensing the source code or any relating design data , exce...
Access Rights for Use. Access Rights to Foreground if Needed for Use of a Party's own Foreground including for third-party research shall be granted on fair and reasonable conditions. A third party shall not be granted direct Access to Foreground generated by other Parties unless those Parties explicitly agree to it. Access rights for internal research activities shall be granted on a royalty-free basis. Access Rights to Background if Needed for Use of a Party's own Foreground shall be granted on fair and reasonable conditions. A request for Access Rights may be made up to 12 months after the end of the Project or, in the case of Art. 9.7.2.2, after the termination of the requesting Party’s participation in the Project.
Access Rights for Use. (1) Access-rights to Knowledge and Pre-existing Know-how both needed for Use shall be granted if the Use of a defined and material element of the recipient Party's own Knowledge would otherwise be technically or legally impossible.
(2) Access-rights to Knowledge shall be limited to the field of application being identified as the objectives and goals of the Project and shall be granted on preferential conditions.
(3) Access-rights to Pre-existing Know-how shall be limited to the field of application being identified as pertaining to the objectives, content and goals of the Project and necessary for the Use of own Knowledge of the recipient Party and shall be granted on Fair and Non-discriminatory Conditions.
(4) Within six (6) months after written request by the potential user to the owning Party a bilateral agreement shall be concluded between the Parties concerned. In the case access is not granted within the above-mentioned period, the IPR- Council will decide this issue.
Access Rights for Use. 1. Principal contractors shall enjoy access rights to all knowledge resulting from the project in order to use that knowledge or in order to use knowledge that they themselves have generated. They shall be granted on a royalty-free basis. A contractor who does not generally undertake commercial activities and who is unable to exploit the knowledge he has generated may decide on his own to grant access rights to such knowledge to the principal contractors referred to in the first subparagraph of this paragraph with a view to its exploitation on financial or similar conditions that are reasonable and acceptable in relation to his contribution to the project and the potential of that knowledge. Such contractor shall not use such knowledge for the purpose of exploitation. The negotiation of the conditions shall not delay the granting of access rights. Assistant contractors shall enjoy access rights to the knowledge needed to use the knowledge that they have generated in the framework of the project. Such rights shall be granted by the principal contractor or principal contractors to whose technical supervision they are subject or their other assistant contractors on preferential conditions. When they are requested from other contractors, access rights shall be granted on market conditions. Subject to legitimate interests of the contractor concerned, principal contractors under the same specific programme shall, where they are established in a Member State or an Associated State, enjoy access rights to the knowledge generated by the project needed to use the knowledge that they have generated in the framework of that programme. They shall be granted on market conditions.
2. Principal contractors shall enjoy access rights to pre-existing know-how and knowledge other than that generated in the framework of the project to the extent necessary to use knowledge resulting from the project. Those access rights shall be granted on favourable conditions.
3. When the access rights referred to in paragraphs 1 and 2 of this Article are granted for the purpose of using knowledge in subsequent research activities, the granting of such rights may be made conditional on the submission of a duly substantiated request and on the conclusion of a specific agreement to ensure that they are used only for the intended purpose and of appropriate confidentiality commitments. In such a case, the access rights granted shall not confer entitlement to grant sub-licences, unless the contrac...
