Access Rights to Software. 1) Access Rights to Software which is a Result shall comprise: Access to the Object Code; and where normal use of such an Object Code requires an API, access to the Object Code and such an API; and if (a) is not available, or if a Party can show that the execution of its tasks under the Action or the Exploitation of its own Results is technically impossible without Access to the Source Code, access to the Source Code to the extent Needed.
2) Access Rights to Software which is Background shall only be provided in Object Code of such Software, unless otherwise agreed between the Parties concerned.
Access Rights to Software for carrying out the Project
Access Rights to Software for the execution of the Project Access-rights to Software which is Knowledge or Pre-existing Know-how, needed for the execution of the Project shall be granted on the basis of royalty free Limited Source Code Access upon written request, specifying the scope and duration of their application particularly with respect to Software which is Pre- existing Know-how.
Access Rights to Software. Results and Database Results that are subject to Clause 7 of this Consortium Agreement shall comprise:
(i) where it concerns a functional software, an installable functional copy of the software with associated relevant user documentation; and
(ii) Access to the Object Code; and
(iii) where normal use of such an Object Code requires an API, access to the Object Code and such an API; and
(iv) if a Party can show that (a) the execution of its tasks under the Action or (b) the Research Use of Results, or (c) the Research Use or Direct Exploitation of its own Results, is technically impossible without Access Rights to the Source Code, access to the Source Code and Documentation to the extent needed. Such Access Rights to such Source Code and Documentation are agreed pursuant to this Consortium Agreement but will be recorded in writing separately between the relevant Beneficiaries.]
Access Rights to Software which are Results - Scope
a) Access to the Source Code; and
b) Access to the Object Code; and
c) where the use of such an Object Code requires an API, Access to the Object Code and such an API.
Access Rights to Software. For the avoidance of doubt, the general provisions for Access Rights provided for in Article 6 are applicable also to Software. Participants’ Access Rights to Software do not include any right to receive source code or object code ported to a certain hardware platform or any right to receive respective Software documentation in any particular form or detail, but only as available from the Participant granting the Access Rights.
Access Rights to Software. Access Rights to Software that are Foreground shall comprise: - Access to the Object Code; and - where normal use of such an Object Code requires an API, access to the Object Code and such an API; and - if a Party can show that the execution of its tasks under the Project or the exploitation of its own Foreground is technically impossible without Access to the Source Code, access to the Source Code to the extent Needed, provided such grant does not adversely affect legitimate interest of the granting Party. Access Rights to Source Code may be complemented in a separate license agreement between the Parties concerned. Background and Sideground shall only be provided in Object Code unless otherwise agreed between the Parties concerned.
Access Rights to Software. Access Rights to Software that are Results are subject to Section 9.4.1 (Access Rights to all Results for Research and Teaching royalty-free; but other Access Rights to Results on Fair and Reasonable Conditions, with required Access Rights request) and shall comprise: Access to the Object Code; and where normal use of such an Object Code requires an API, access to the Object Code and such an API; and if a Party can show that the execution of its tasks under the Action or the Exploitation of its own Results is technically impossible without Access to the Source Code, access to the Source Code to the extent Needed, this being however conditioned to the approval of the party being requested Access to the Source Code. Background shall only be provided in Object Code unless otherwise agreed between the Parties concerned.
Access Rights to Software. 4.1. Access to Software Supplemental to Article 9.8.3 of the Consortium Agreement, the Parties agree that a Party who is willing and able, when granting the Access Rights to Software, which is Foreground and/or Background, to grant Access to the Source Code for implementation and/or for Use may do so by entering the Software concerned into Attachment 2 to this Memorandum.
4.2. Access Rights for implementation Supplemental to Article 9.8.3 of the Consortium Agreement, the Parties agree that Access Rights to Software which is Background and/or Foreground for implementation shall include the Software preparatory design material and cover the rights to use Software in all modes and all means, as Needed for the performance of the own work of the Party that requests Access Rights under the Project. The rights to use Software for implementation include, but are not limited to: the right of reproduction by any means and in any form, in part or in whole, such as by loading, displaying, running, transmission or storage; the translation, adaptation, arrangement, modification, including error correction, any other alteration and the reproduction of the results thereof, other modes of using Software as Needed for implementation.
4.3. Foreground – Rights to grant sublicenses to Object Code to end-users Supplemental to Article 9.8.4.1.2 of the Consortium Agreement, the Parties agree that the right to grant sublicenses to the end-users, as Needed for the Use of the Party´s own Foreground, shall include the right to make a back up copy and the right to error correction to the extent necessary for normal use of the Software by the end-user in accordance with its intended purpose.
Access Rights to Software which are Background - Scope
a) Access to the Object Code; and
b) where normal use of such an Object Code requires an API, Access to the Object Code and such an API; and
c) if a Party can show that the execution of its tasks under the Action is technically impossible without Access to the Source Code, Access to the Source Code to the extent Needed.
