Common use of Access rights to results and background Clause in Contracts

Access rights to results and background. 1.2.9.1. Exercise of access rights — Waiving of access rights — No sub-licensing Requests to exercise access rights and the waiver of access rights must be in writing. Unless agreed otherwise in writing with the Recipient granting access, access rights do not include the right to sub-license. If a Recipient is no longer involved in the Project, this does not affect its obligations to grant access. If the Recipient defaults on its obligations, the other Recipients involved in the same Project may agree that that Recipient no longer has access rights 1.2.9.2. Access rights for implementing the action The Recipient must grant to the other Recipients involved in the same Project access — on a royalty-free basis — to background needed to implement its own tasks under the Project, unless the Recipient that holds the background has — before acceding to the Project Agreement —: - informed the other Recipients involved in the same Project that access to its background is subject to restrictions, or - agreed with the other Recipients involved in the same Project that access would not be on a royalty- free basis. The Recipients must grant to the other Recipients in the same Project other access — on a royalty-free basis — to results needed for implementing their own tasks under the action. 1.2.9.3. Access rights for exploiting the results The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to results needed for exploiting their results. The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to background needed for exploiting their results, unless the Recipient that holds the background has — before acceding to the Project Agreement — informed the other Recipients in the same Project that access to its background is subject to restrictions. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.4. Access rights for entities under the same control Unless agreed otherwise in writing by the Recipients involved in the same Project, access to results and, subject to the restrictions referred to above (if any), background must also be granted — under fair and reasonable conditions — to entities that: - are established in an EU Member State or Horizon Europe associated country - are under the direct or indirect control of another Recipient, or under the same direct or indirect control as that Recipient or directly or indirectly controlling that Recipient and - need the access to exploit the results of that Recipient. Unless agreed otherwise in writing, such requests for access must be made by the entity directly to the Recipient concerned. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.5. Access rights for the granting authority, EU institutions, bodies, offices or agencies and national authorities to results for policy purposes — Horizon Europe actions In Horizon Europe actions, the Recipient [which have received funding under the grant] must grant access to its results — on a royalty-free basis — to the KIC LE, the EIT, EU institutions, bodies, offices or agencies for developing, implementing and monitoring EU policies or programmes. Such access rights do not extend to the Recipients’ background. Such access rights are limited to non-commercial and non-competitive use.

Appears in 2 contracts

Samples: Financial Support Agreement, Financial Support Agreement

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Access rights to results and background. 1.2.9.11.2.8.1. Exercise of access rights — Waiving of access rights — No sub-licensing Requests to exercise access rights and the waiver of access rights must be in writing. Unless agreed otherwise in writing with the Recipient granting access, access rights do not include the right to sub-sub- license. If a Recipient is no longer involved in the Project, this does not affect its obligations to grant access. If the Recipient defaults on its obligations, the other Recipients involved in the same Project may agree that that Recipient no longer has access rights 1.2.9.21.2.8.2. Access rights for implementing the action The Recipient must grant to the other Recipients involved in the same Project access — on a royalty-royalty- free basis — to background needed to implement its own tasks under the Project, unless the Recipient that holds the background has — before acceding to the Project Agreement —: - informed the other Recipients involved in the same Project that access to its background is subject to restrictions, or - agreed with the other Recipients involved in the same Project that access would not be on a royalty- royalty-free basis. The Recipients must grant to the other Recipients in the same Project other access — on a royalty-free basis — to results needed for implementing their own tasks under the action. 1.2.9.31.2.8.3. Access rights for exploiting the results The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to results needed for exploiting their results. The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to background needed for exploiting their results, unless the Recipient that holds the background has — before acceding to the Project Agreement — informed the other Recipients in the same Project that access to its background is subject to restrictions. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.41.2.8.4. Access rights for entities under the same control Unless agreed otherwise in writing by the Recipients involved in the same Project, access to results and, subject to the restrictions referred to above (if any), background must also be granted — under fair and reasonable conditions — to entities that: - are established in an EU Member State or Horizon Europe associated country - are under the direct or indirect control of another Recipient, or under the same direct or indirect control as that Recipient or directly or indirectly controlling that Recipient and - need the access to exploit the results of that Recipient. Unless agreed otherwise in writing, such requests for access must be made by the entity directly to the Recipient concerned. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.51.2.8.5. Access rights for the granting authority, EU institutions, bodies, offices or agencies and national authorities to results for policy purposes — Horizon Europe actions In Horizon Europe actions, the Recipient [which have received funding under the grant] must grant access to its results — on a royalty-free basis — to the KIC LE, the EIT, EU institutions, bodies, offices or agencies for developing, implementing and monitoring EU policies or programmes. Such access rights do not extend to the Recipients’ background. Such access rights are limited to non-commercial and non-competitive use. 1.2.8.6. Additional access rights Where the call conditions impose additional access rights, the Recipients must comply with them.

Appears in 1 contract

Samples: Financial Support Agreement

Access rights to results and background. 1.2.9.1. Exercise of access rights — Waiving of access rights — No sub-licensing Requests to exercise access rights and the waiver of access rights must be in writing. Unless agreed otherwise in writing with the Recipient granting access, access rights do not include the right to sub-license. If a Recipient is no longer involved in the Project, this does not affect its obligations to grant access. If the Recipient defaults on its obligations, the other Recipients involved in the same Project may agree that that Recipient no longer has access rights 1.2.9.2. Access rights for implementing the action The Recipient must grant to the other Recipients involved in the same Project access — on a royalty-free basis — to background needed to implement its own tasks under the Project, unless the Recipient that holds the background has — before acceding to the Project Agreement —: - informed the other Recipients involved in the same Project that access to its background is subject to restrictions, or - agreed with the other Recipients involved in the same Project that access would not be on a royalty- free basis. The Recipients must grant to the other Recipients in the same Project other access — on a royalty-free basis — to results needed for implementing their own tasks under the action. 1.2.9.3. Access rights for exploiting the results The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to results needed for exploiting their results. The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to background needed for exploiting their results, unless the Recipient that holds the background has — before acceding to the Project Agreement — informed the other Recipients in the same Project that access to its background is subject to restrictions. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.4. Access rights for entities under the same control Unless agreed otherwise in writing by the Recipients involved in the same Project, access to results and, subject to the restrictions referred to above (if any), background must also be granted — under fair and reasonable conditions — to entities that: - are established in an EU Member State or Horizon Europe associated country - are under the direct or indirect control of another Recipient, or under the same direct or indirect control as that Recipient or directly or indirectly controlling that Recipient and - need the access to exploit the results of that Recipient. Unless agreed otherwise in writing, such requests for access must be made by the entity directly to the Recipient concerned. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.5. Access rights for the granting authority, EU institutions, bodies, offices or agencies and national authorities to results for policy purposes — Horizon Europe actions In Horizon Europe actions, the Recipient [which have received funding under the grant] must grant access to its results — on a royalty-free basis — to the KIC LE, the EIT, EU institutions, bodies, offices or agencies for developing, implementing and monitoring EU policies or programmes. Such access rights do not extend to the Recipients’ background. Such access rights are limited to non-commercial and non-competitive use. [For Projects under the cluster ‘Civil Security for Society’, such access rights also extend to national authorities of EU Member States for developing, implementing and monitoring their policies or programmes in this area. In this case, access is subject to a bilateral agreement to define specific conditions ensuring that: - the access rights will be used only for the intended purpose and - appropriate confidentiality obligations are in place. Moreover, the requesting national authority or EU institution, body, office or agency (including the granting authority) must inform all other national authorities of such a request.]

Appears in 1 contract

Samples: Financial Support Agreement

Access rights to results and background. 1.2.9.1. Exercise of access rights — Waiving of access rights — No sub-licensing Requests to exercise access rights and the waiver of access rights must be in writing. Unless agreed otherwise in writing with the Recipient granting access, access rights do not include the right to sub-sub- license. If a Recipient is no longer involved in the Project, this does not affect its obligations to grant access. If the Recipient defaults on its obligations, the other Recipients involved in the same Project may agree that that Recipient no longer has access rights 1.2.9.2. Access rights for implementing the action The Recipient must grant to the other Recipients involved in the same Project access — on a royalty-royalty- free basis — to background needed to implement its own tasks under the Project, unless the Recipient that holds the background has — before acceding to the Project EIT Digital Internal Agreement Financial Support —: - informed the other Recipients involved in the same Project that access to its background is subject to restrictions, or - agreed with the other Recipients involved in the same Project that access would not be on a royalty- royalty-free basis. The Recipients must grant to the other Recipients in the same Project other access — on a royalty-free basis — to results needed for implementing their own tasks under the action. 1.2.9.3. Access rights for exploiting the results The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to results needed for exploiting their results. The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to background needed for exploiting their results, unless the Recipient that holds the background has — before acceding to the Project EIT Digital Internal Agreement Financial Support — informed the other Recipients in the same Project that access to its background is subject to restrictions. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.4. Access rights for entities under the same control Unless agreed otherwise in writing by the Recipients involved in the same Project, access to results and, subject to the restrictions referred to above (if any), background must also be granted — under fair and reasonable conditions — to entities that: - are established in an EU Member State or Horizon Europe associated country - are under the direct or indirect control of another Recipient, or under the same direct or indirect control as that Recipient or directly or indirectly controlling that Recipient and - need the access to exploit the results of that Recipient. Unless agreed otherwise in writing, such requests for access must be made by the entity directly to the Recipient concerned. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.5. Access rights for the granting authority, EU institutions, bodies, offices or agencies and national authorities to results for policy purposes — Horizon Europe actions In Horizon Europe actions, the Recipient [which have received funding under the grant] grant must grant access to its results — on a royalty-free basis — to the KIC LE, the EIT, EU institutions, bodies, offices or agencies for developing, implementing and monitoring EU policies or programmes. Such access rights do not extend to the Recipients’ background. Such access rights are limited to non-commercial and non-competitive use.

Appears in 1 contract

Samples: Financial Support Agreement

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Access rights to results and background. 1.2.9.1. Exercise of access rights — Waiving of access rights — No sub-licensing Requests to exercise access rights and the waiver of access rights must be in writing. Unless agreed otherwise in writing with the Recipient granting access, access rights do not include the right to sub-license. If a Recipient is no longer involved in the Project, this does not affect its obligations to grant access. If the Recipient defaults on its obligations, the other Recipients involved in the same Project may agree that that Recipient no longer has access rights 1.2.9.2. Access rights for implementing the action The Recipient must grant to the other Recipients involved in the same Project access — on a royalty-free basis — to background needed to implement its own tasks under the Project, unless the Recipient that holds the background has — before acceding to the Project Agreement —: - informed the other Recipients involved in the same Project that access to its background is subject to restrictions, or - agreed with the other Recipients involved in the same Project that access would not be on a royalty- royalty-free basis. The Recipients must grant to the other Recipients in the same Project other access — on a royalty-free basis — to results needed for implementing their own tasks under the action. 1.2.9.3. Access rights for exploiting the results The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to results needed for exploiting their results. The Recipient must grant to the other Recipients in the same Project access — under fair and reasonable conditions — to background needed for exploiting their results, unless the Recipient that holds the background has — before acceding to the Project Agreement — informed the other Recipients in the same Project that access to its background is subject to restrictions. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.4. Access rights for entities under the same control Unless agreed otherwise in writing by the Recipients involved in the same Project, access to results and, subject to the restrictions referred to above (if any), background must also be granted — under fair and reasonable conditions — to entities that: - are established in an EU Member State or Horizon Europe associated country - are under the direct or indirect control of another Recipient, or under the same direct or indirect control as that Recipient or directly or indirectly controlling that Recipient and - need the access to exploit the results of that Recipient. Unless agreed otherwise in writing, such requests for access must be made by the entity directly to the Recipient concerned. Requests for access must be made — unless agreed otherwise in writing — up to one year after the end of the Project. 1.2.9.5. Access rights for the granting authority, EU institutions, bodies, offices or agencies and national authorities to results for policy purposes — Horizon Europe actions In Horizon Europe actions, the Recipient [which have received funding under the grant] grant must grant access to its results — on a royalty-free basis — to the KIC LE, the EIT, EU institutions, bodies, offices or agencies for developing, implementing and monitoring EU policies or programmes. Such access rights do not extend to the Recipients’ background. Such access rights are limited to non-commercial and non-competitive use. For Projects under the cluster ‘Civil Security for Society’, such access rights also extend to national authorities of EU Member States for developing, implementing and monitoring their policies or programmes in this area. In this case, access is subject to a bilateral agreement to define specific conditions ensuring that: - the access rights will be used only for the intended purpose and - appropriate confidentiality obligations are in place. Moreover, the requesting national authority or EU institution, body, office or agency (including the granting authority) must inform all other national authorities of such a request.

Appears in 1 contract

Samples: Financial Support Agreement

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