Common use of PROVISIONS FOR ACCESS RIGHTS TO SOFTWARE Clause in Contracts

PROVISIONS FOR ACCESS RIGHTS TO SOFTWARE. For the avoidance of doubt, the general provisions for Access Rights provided for in Sections ACCESS RIGHTS, ACCESS RIGHTS FOR IMPLEMENTATION, ACCESS RIGHTS FOR EXPLOITATION, ACCESS RIGHTS FOR AFFILIATES and ACCESS RIGHTS CONCERNING PROJECT PARTNERS LEAVING THE CONSORTIUM are applicable also to Software.19 ADDITIONAL ACCESS RIGHTS Grant of additional Access Rights to those covered by this Consortium Agreement should be negotiated separately and be subject to separate agreements. NON-DISCLOSURE OF INFORMATION / CONFIDENTIALITY / PRIVACY During the Project and for a period of <NUMBER> years after its completion, the Parties undertake to preserve the confidentiality of any data, documents or other material that is identified as confidential in relation to the execution of the project. For the avoidance of doubt, any written confidential information should be identified as such on each page. When confidential information was communicated orally, its confidential character must be confirmed by the disclosing Party in writing within <NUMBER> days after disclosure. The previous paragraph no longer applies where: the confidential information becomes publicly available by means other than a breach of the confidentiality obligations; the disclosing Party subsequently informs the receiving Party that the confidential information is no longer confidential; the confidential information is subsequently communicated to the receiving Party without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; the confidential information was already known to the receiving Party before the moment of disclosure; the disclosure or communication of the confidential information is foreseen by provisions of the Grand Agreement(s); the confidential information was developed by the receiving Party independently of any such disclosure by the disclosing Party.

PROVISIONS FOR ACCESS RIGHTS TO SOFTWARE. For the avoidance of doubt, the general provisions for Access Rights provided for in Sections ACCESS RIGHTS, ACCESS RIGHTS FOR IMPLEMENTATION, ACCESS RIGHTS FOR EXPLOITATION, ACCESS RIGHTS FOR AFFILIATES and ACCESS RIGHTS CONCERNING PROJECT PARTNERS LEAVING THE CONSORTIUM are applicable also to Software.19 ADDITIONAL ACCESS RIGHTS Grant of additional Access Rights to those covered by this Consortium Agreement should be negotiated separately Software (Background, Sideground or Foreground) do not include any right to require creation and be subject delivery of Object of Code or Source Code ported to separate agreements. NON-DISCLOSURE OF INFORMATION / CONFIDENTIALITY / PRIVACY During the Project any particular hardware platform or any right to require creation and for a period of <NUMBER> years after its completion, the Parties undertake to preserve the confidentiality delivery of any dataAPI or Software documentation in any particular form of detail, documents or other material that but only as the item is identified as confidential in relation to available from the execution of Party granting the projectAccess Rights. For the avoidance of doubt, such Access Rights do not imply any written confidential obligation by the Granting Party to provide any support or maintenance for the Software, nor bear any responsibility for any claims for defects in the Software. Transfer costs shall only be charged in exceptional circumstances. Save as expressly otherwise provided in this Section 5.2, no Party shall be obliged to grant Access Rights to Source Code. All Access Rights to Software that is Foreground, whether for execution of the Project or for Use, shall be in form of Source Code Access. All Access Rights to Software that is Background, whether for execution of the Project or for Use of own Foreground, shall be in form of Limited Source Code Access, save that no Party shall be obliged to grant for Use any Access Rights to Source Code that is Background. All Access Rights to Software that is Sideground, whether for execution of the Project or for Use of own Foreground, shall be in form of Limited Source Code Access, save that no Party shall be obliged to grant for Use any Access Rights to Source Code that is Background and that is not listed in Attachment 2 of the CA. 6 Non-disclosure of information should be / confidentiality / privacy All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as such on each page. When confidential information was communicated orally, its confidential character must be at the time of disclosure and has been confirmed by the disclosing Party and designated in writing within <NUMBER> 15 days after disclosurefrom oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The previous paragraph no longer applies where: Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the confidential information becomes publicly available by means other than EC-GA, for a breach period of 5 years after the end of the confidentiality obligationsProject: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; the disclosing Party subsequently informs the receiving Party that the confidential information is no longer confidential; the confidential information is subsequently communicated - not to the receiving Party without disclose Confidential Information to any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to without the prior written consent by the Disclosing Party; the confidential information was already known - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the receiving Disclosing Party before on demand all Confidential Information which has been supplied to or acquired by the moment Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of disclosure; ongoing obligations, the Recipients may however request to keep a copy for archival purposes only. More details about non-disclosure or communication of information can be found in Section 10 of the confidential information is foreseen by provisions CA. 7 Plan for the Use and Dissemination of the Grand Agreement(s); the confidential information was developed by the receiving Party independently of any such disclosure by the disclosing Party.Foreground

PROVISIONS FOR ACCESS RIGHTS TO SOFTWARE. For the avoidance of doubt, the general provisions for Access Rights provided for in Sections ACCESS RIGHTS, ACCESS RIGHTS FOR IMPLEMENTATION, ACCESS RIGHTS FOR EXPLOITATION, ACCESS RIGHTS FOR AFFILIATES and ACCESS RIGHTS CONCERNING PROJECT PARTNERS LEAVING THE CONSORTIUM are applicable also to Software.19 ADDITIONAL ACCESS RIGHTS Grant of additional Access Rights to those covered by this Consortium Agreement should be negotiated separately Software (Background, Sideground or Foreground) do not include any right to require creation and be subject delivery of Object of Code or Source Code ported to separate agreements. NON-DISCLOSURE OF INFORMATION / CONFIDENTIALITY / PRIVACY During the Project any particular hardware platform or any right to require creation and for a period of <NUMBER> years after its completion, the Parties undertake to preserve the confidentiality delivery of any dataAPI or Software documentation in any particular form of detail, documents or other material that but only as the item is identified as confidential in relation to available from the execution of Party granting the projectAccess Rights. For the avoidance of doubt, such Access Rights do not imply any written confidential obligation by the Granting Party to provide any support or maintenance for the Software, nor bear any responsibility for any claims for defects in the Software. Transfer costs shall only be charged in exceptional circumstances. Save as expressly otherwise provided in this Section 5.2, no Party shall be obliged to grant Access Rights to Source Code. All Access Rights to Software that is Foreground, whether for execution of the Project or for Use, shall be in form of Source Code Access. All Access Rights to Software that is Background, whether for execution of the Project or for Use of own Foreground, shall be in form of Limited Source Code Access, save that no Party shall be obliged to grant for Use any Access Rights to Source Code that is Background. All Access Rights to Software that is Sideground, whether for execution of the Project or for Use of own Foreground, shall be in form of Limited Source Code Access, save that no Party shall be obliged to grant for Use any Access Rights to Source Code that is Background and that is not listed in Attachment 2 of the CA. 6 Non-disclosure of information should be / confidentiality / privacy All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as such on each page. When confidential information was communicated orally, its confidential character must be at the time of disclosure and has been confirmed by the disclosing Party and designated in writing within <NUMBER> 15 days after disclosurefrom oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The previous paragraph no longer applies where: Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the confidential information becomes publicly available by means other than EC-GA, for a breach period of 5 years after the end of the confidentiality obligationsProject: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; the disclosing Party subsequently informs the receiving Party that the confidential information is no longer confidential; the confidential information is subsequently communicated - not to the receiving Party without disclose Confidential Information to any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to without the prior written consent by the Disclosing Party; the confidential information was already known - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the receiving Disclosing Party before on demand all Confidential Information which has been supplied to or acquired by the moment Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of disclosure; ongoing obligations, the Recipients may however request to keep a copy for archival purposes only. More details about non-disclosure or communication of information can be found in Section 10 of the confidential information is foreseen by provisions of the Grand Agreement(s); the confidential information was developed by the receiving Party independently of any such disclosure by the disclosing PartyCA.