Ownership of the results. INTELLECTUAL AND INDUSTRIAL PROPERTY II.7.1 A result shall be any outcome of the implementation of the Contract and provided as such by the Contractor. II.7.2 The ownership of all the results or rights thereon as listed in the tender specifications and the tender attached to the Contract, including copyright and other intellectual or industrial property rights, and all technological solutions and information embodied therein, obtained in the performance of the Contract, shall be irrevocably and fully vested to the European Union, which may use, publish, assign or transfer them as it sees fit. All the rights shall be vested on the European Union from the moment the results were delivered and accepted by the Agency. II.7.3 Any intermediary sub-result, raw data, intermediary analysis made available to the Agency by the Contractor cannot be used by the European Union without written consent of the Contractor, unless the tender specifications explicitly provide for it to be treated as self-contained result. II.7.4 The Contractor retains all right, title and interest in pre-existing rights not fully vested into the European Union in line with Article I.10, and hereby grants the European Union for the requested period a licence to use the pre-existing rights to the extent necessary to use the delivered results. II.7.5 The Contractor shall ensure that delivered results are free of rights or claims from third parties including in relation to pre-existing rights, for any use envisaged by the Agency. This does not concern the moral rights of natural persons and rights referred to in Article II.7.4. II.7.6 The Contractor shall clearly point out all quotations of existing textual works made by the Contractor. The complete reference should include as appropriate: the name of the author, the title of the work, the date of publishing, the date of creation, the place of publication, the address of publication on internet, the number, the volume and other information allowing identifying the origin easily. II.7.7 The Contractor shall clearly indicate all parts to which there are pre-existing rights and all parts of the result originating from external sources: parts of other documents, images, graphs, tables, data, software, technical inventions, know-how, etc… (delivered in paper, electronic or other form). II.7.8 If the Agency so requires, the Contractor shall provide proof of ownership or right to use all necessary rights to the materials referred to in Article II.7.7. II.7.9 By delivering the results the Contractor confirms that the creators undertake not to oppose their names being recalled when the results are presented to the public and confirms that the results can be divulged. II.7.10 By delivering the results the Contractor warrants that the above transfer of rights does not violate any law or infringe any rights of others and that he possesses the relevant rights or powers to execute the transfer. He also warrants that he has paid or has verified payment of all fees including fees to collecting societies, related to the final results. II.7.11 The Contractor shall indemnify and hold the European Union harmless for all damages and cost incurred due to any claim brought by any third party including creators and intermediaries for any alleged breach of any intellectual, industrial or other property right based on the European Union’s use of the works and in relation to which the Contractor has granted the European Union user rights.
Appears in 3 contracts
Samples: Framework Service Contract, Framework Service Contract, Framework Service Contract
Ownership of the results. INTELLECTUAL AND INDUSTRIAL PROPERTY
II.7.1 A result shall be any outcome of the implementation of the Contract and provided as such by the Contractor.
II.7.2 The ownership of all the results or rights thereon as listed in the tender specifications and the tender attached to the Contract, including copyright and other intellectual or industrial property rights, and all technological solutions and information embodied therein, obtained in the performance of the Contract, shall be irrevocably and fully vested to the European Union, which may use, publish, assign or transfer them as it sees fit. All the rights shall be vested on the European Union from the moment the results were delivered and accepted by the Agency.be
II.7.3 Any intermediary sub-result, raw data, intermediary analysis made available to the Agency by the Contractor cannot be used by the European Union without written consent of the Contractor, unless the tender specifications explicitly provide for it to be treated as self-contained result.
II.7.4 The Contractor retains all right, title and interest in pre-existing rights not fully vested into the European Union in line with Article I.10, and hereby grants the European Union for the requested period a licence to use the pre-existing rights to the extent necessary to use the delivered results.
II.7.5 The Contractor shall ensure that delivered results are free of rights or claims from third parties including in relation to pre-existing rights, for any use envisaged by the Agency. This does not concern the moral rights of natural persons and rights referred to in Article II.7.4.
II.7.6 The Contractor shall clearly point out all quotations of existing textual works made by the Contractor. The complete reference should include as appropriate: the name of the author, the title of the work, the date of publishing, the date of creation, the place of publication, the address of publication on internet, the number, the volume and other information allowing identifying the origin easily.
II.7.7 The Contractor shall clearly indicate all parts to which there are pre-existing rights and all parts of the result originating from external sources: parts of other documents, images, graphs, tables, data, software, technical inventions, know-how, etc… (delivered in paper, electronic or other form).
II.7.8 If the Agency so requires, the Contractor shall provide proof of ownership or right to use all necessary rights to the materials referred to in Article II.7.7.
II.7.9 By delivering the results the Contractor confirms that the creators undertake not to oppose their names being recalled when the results are presented to the public and confirms that the results can be divulged.
II.7.10 By delivering the results the Contractor warrants that the above transfer of rights does not violate any law or infringe any rights of others and that he possesses the relevant rights or powers to execute the transfer. He also warrants that he has paid or has verified payment of all fees including fees to collecting societies, related to the final results.
II.7.11 The Contractor shall indemnify and hold the European Union harmless for all damages and cost incurred due to any claim brought by any third party including creators and intermediaries for any alleged breach of any intellectual, industrial or other property right based on the European Union’s use of the works and in relation to which the Contractor has granted the European Union user rights.
Appears in 1 contract
Samples: Framework Service Contract