Rights of use of the results and of pre-existing rights by the NA and the Union
(a) for its own purposes and in particular to make available to persons working for the NA, Union institutions, agencies and bodies and to Member States’ institutions, as well as to copy and reproduce in whole or in part and in an unlimited number of copies." For the rest of this article, the references to the "Union" must be read as reference to "the NA and/or the Union".
Rights of use of the results and of pre-existing rights by the NA and the Union
(a) for its own purposes and in particular to make available to persons working for the NA, Union institutions, agencies and bodies and to Member States’ institutions, as well as to copy and reproduce in whole or in part and in an unlimited number of copies." For the rest of this article, the references to the "Union" must be read as reference to "the NA and/or the Union".
10.1 must be read as follows: "The beneficiary must ensure that the NA, the Commission, the European Court of Auditors and the European Anti-Fraud Office (XXXX) can exercise their rights under Article II.27 also towards the beneficiary' contractors."
Rights of use of the results and of pre-existing rights by the NA and the Union
(a) for its own purposes and in particular to make available to persons working for the NA, Union institutions, agencies and bodies and to Member States’ institutions, as well as to copy and reproduce in whole or in part and in an unlimited number of copies." For the rest of this article, the references to the "Union" must be read as reference to "the NA and/or the Union".
5. The second paragraph of Article II.10.1 must be read as follows: "The beneficiaries must ensure that the NA, the Commission, the European Court of Auditors and the European Anti-Fraud Office (OLAF) can exercise their rights under Article II.27 also towards the beneficiaries' contractors."
6. A new letter (l) is added to Article II.
17.3.1 which reads:
Rights of use a) Should the usage and property rights for the service not already lie with the Buyer, then these rights, in particular all transferable copyrights and other authorizations for the publication, reproduction, and recovery of the services provided by the Supplier, including all conceivable legal positions on ideas, drafts, and designs, shall transfer to the Buyer at the time of delivery to the Buyer or - in cases in which no delivery can be made (for example, because the delivery is not of a physical nature) - at the time at which the service provision is completed. The transfer is unlimited as to place, time, purpose, or in any other manner. It includes the right of change and further transfer to third parties and is independent of whether any copyright or other rights regarding these works have been incurred by the Supplier.
b) The Supplier shall not use the services performed for the Buyer, in particular ideas, concepts, and creations, for other clients in the same or a modified form, without the prior written consent of the Buyer. The Supplier also agrees to reach agreement on this provision with freelancers.
c) The transfer of rights described under clause 10 (a) herein above is fairly compensated with the payment to the Supplier.
Rights of use. 2.1 The Supplier hereby grants the Customer the following non-exclusive, transferable, worldwide and perpetual rights:
2.1.1 to use the deliveries and services including related documentation, to integrate them into other products and to distribute them;
2.1.2 to install, launch, test and operate software and its related documenta- tion (hereinafter collectively referred to as “Software”);
2.1.3 to sublicense the right of use under section 2.1.2 above to affiliates (as defined by the article 42 of the Spanish Commerce Code”), to con- tracted third parties, to distributors and to end customers;
2.1.4 to license to affiliates (as defined by the article 42 of the Spanish Com- merce Code”), and other distributors the right to sublicense the right of use under section 2.1.2 above to end customers;
2.1.5 to use the Software for integration into other products and to copy the Software, or to allow affiliates (as defined by the article 42 of the Span- ish Commerce Code), contracted third parties or distributors to use and copy the Software;
2.1.6 to distribute, sell, hire out, lease, make ready for download or make publicly available the Software, e.g. in the context of application service providing or in other contexts, and to copy the Software to the extent required, always provided that the number of licenses being used at any one time does not exceed the number of licenses purchased;
2.1.7 to sublicense the right of use under section 2.1.6 above to affiliates (as defined by the article 42 of the Spanish Commerce Code), contracted third parties and distributors.
2.2 In addition to the rights granted in section 2.1 above, the Customer, affiliates (as defined by the article 42 of the Spanish Commerce Code) and distributors are authorized to allow end customers to transfer the respective licenses.
2.3 All sublicenses granted by the Customer must contain appropriate pro- tection for the intellectual property rights of the Supplier in the Software. All sublicenses must contain any contractual provisions used by the Customer to protect its own intellectual property rights.
2.4 The Supplier shall inform the Customer - at the latest at the time the order is confirmed - whether the products and services to be delivered contain open source components. In the context of this provision “open source components” means any software, hardware or other information that is provided royalty-free by the respective licensor to any user on the basis of a license with the right to mo...
Rights of use of the results and of pre-existing rights by the NA and the Union
(a) for its own purposes and in particular to make available to persons working for the NA, Union institutions, agencies and bodies and to Member States’ institutions, as well as to copy and reproduce in whole or in part and in an unlimited number of copies." For the rest of this article, the references to the "Union" must be read as reference to "the NA and/or the Union".
5. The second paragraph of Article II.10.1 must be read as follows: "The beneficiary must ensure that the NA, the Commission, the European Court of Auditors and the European Anti-Fraud Office (OLAF) can exercise their rights under Article II.27 also towards the beneficiary' contractors."
6. Article II.18 must be read as follows:
II.18.1 The Agreement is governed by [insert the national law of the NA].
II.18.2 The competent court determined in accordance with the applicable national law has sole jurisdiction to hear any dispute between the NA and any beneficiary concerning the interpretation, application or validity of the Agreement, if such dispute cannot be settled amicably. [For NAs that issue acts considered administrative acts according to the national law:]An action may be brought against an act of the NA within [specify deadline according to the national law] before [insert reference to the competent national court] according to [insert reference to the relevant provisions of the national law]."
7. Article II.
19.1 must be read as follows: "The conditions for the eligibility of costs are defined in sections I.1 and II.1 of Annex III."
8. Article II.
20.1 must be read as follows: "The conditions for declaring costs and contributions are defined in section I.2 and II.2 of Annex III."
9. Article II.20.2 must be read as follows: "The conditions for records and other documentation to support the costs and contributions declared are defined in section I.2 and II.2 of Annex III."
10. The first paragraph of Article II.22 must be read as follows: "The beneficiary is allowed to adjust the estimated budget set out in Annex II by transfers between the different budget categories, if the project is implemented as described in Annex II. This adjustment does not require an amendment of the Agreement as provided for in Article II.13, if the conditions provided for in Article I.3.3 are met."
11. Article II.23(b) must be read as follows: "(b) still fails to submit such a request within further 30 calendar days following a written remi...
Rights of use. Within its corporate group, E.ON and the Beneficiaries may use, without limitation, the Contractual Services including the underlying patent rights and other property rights. This right of use also entitles E.ON or its agents to alter or repair/maintain the Contractual Services and also covers use of illustrations, drawings, calculations, methods of analysis, recipes and other works made or developed by the Contractor in the course of the formation and/or implementation of the Contract. E.ON may make the aforesaid documents available to third parties for the purpose of maintaining/repair and/or reproducing replacement parts or spare parts. The Contractor represents and warrants that no rights of third parties, particularly of its subcontractors, conflict with granting of the right of use and shall indemnify E.ON against claims to this extent.
Rights of use. 12.1. The Contractor grants hereby E.ON the exclusive right, geographically and temporally unrestricted, irrevocable, transferable including by sub-license, to use the Contractual Services through the Users at the same time or have the Contractual Services used, modified or edited by the Users (hereinafter referred to as “Right of Use”).
12.2. The Contractor shall grant the rights described in Clause 12.1 to all other outputs produced by the Contractual Services, e.g.,
12.3. (i) improvements, (ii) documentation, (iii) training documents, (iv) presentations and other comparable outputs, whereby the outputs under (ii) to (iv) shall have a permanent Right of Use that entitles the Users to, in particular, process, duplicate and modify, continue, extend, transfer and sublicense those outputs.
12.4. The Right of Use under Clauses 12.1 and 12.2 is valid for an unlimited number of Users, unless a number of Users is otherwise agreed in the order.
Rights of use. 6.1 The customer’s rights to use the new versions and any corrections to the maintenance software correspond to its rights to use the previous version of the maintenance software. With regard to the rights of use, the rights to the new versions and other corrections shall replace the rights to the previous versions and other corrections following a reasonable transition period – which usually does not exceed one month. The customer may archive a copy.
6.2 The customer may create a full copy of the new version and corrections for backup purposes. The customer shall mark this copy as a backup copy and provide it with the copyright notice of the original data carrier. Beyond this, the customer shall have no right to copy the software.
Rights of use. With respect to the Materials provided by one Party to another Party pursuant to this Section 3.5, each Party shall have the right to use such Materials for the activities under the Research Program and to exercise the rights granted to such Party pursuant to Article 4. Subject to the foregoing, all such Materials (i) shall be used by a Party only in accordance with the terms and conditions of this Agreement; (ii) shall not be used or delivered by a Party to or for the benefit of any Third Party except as expressly provided for herein; and (iii) shall be used by a Party in compliance with all applicable laws, rules and regulations.
