Specific Provisions for Access Rights to Software. For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 are applicable also to Software. Parties’ 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 Party granting the Access Rights.
Specific Provisions for Access Rights to Software. For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 of this PCA are applicable also to Software as far as not modified by this Section 9.10.
Specific Provisions for Access Rights to Software. For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 are applicable also to Software. Parties’ 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 Party granting the Access Rights. Non-disclosure of information All information in whatever form or mode of communication, 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” at the time of disclosure, or when disclosed orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The Recipient hereby undertakes in addition and without prejudice to any commitment on non-disclosure under the Grant Agreement, for a period of 5 years after the final payment of the Granting Authority (the Coordinator notifies the Associated Partner(s) about the date of the final payment): not to use Confidential Information otherwise than for the purpose for which it was disclosed; not to disclose Confidential Information without the prior written consent by the Disclosing Party; 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 Disclosing Party, or destroy, on request all Confidential Information that has been disclosed to the Recipients including all copies thereof and to delete all information stored in a machine-readable form to the extent practically possible. The Recipients may keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for the proof of on-going obligations provided that the Recipient complies with the confidentiality obligations herein contained with respect to such copy. The Recipient shall be responsible for the fulfilment of the above obligations on the part of its employees or third parties involved in the Project and shall ensure that they remain so obliged, as far as legally possible, during and after the end of the Project...
Specific Provisions for Access Rights to Software. For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 of this CA are applicable also to Software as far as not modified by this Section 9.10.
Specific Provisions for Access Rights to Software. For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 of this PCA are also applicable to Software. In the event of a contradiction between the terms of Sections 9.1-9.8 inclusive, and this Section 9.9, the provisions of the Sections 9.1-9.8 inclusive will prevail. Subject to Section 9.9.3 below, in the event that: any Software, which is Background, has been used or introduced under an open source license, or any Software, which is a Result, has been made available, on agreement of the owning Party, under an open source license, then, in respect of such Background or Result (“Open Source Software”), the terms of the open source license will prevail over the terms of this Section 9.9.
Specific Provisions for Access Rights to Software. 9.8.1 Definitions relating to Software “Application Programming Interface” means the application programming interface materials and related documentation containing all data and information to allow skilled Software developers to create Software interfaces that interface or interact with other specified Software.
Specific Provisions for Access Rights to Software. For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 2 are applicable also to Software.
Specific Provisions for Access Rights to Software. 7.4.5.1 General Principles relating to Access Rights to Software For the avoidance of doubt, the general provisions for Access Rights are also applicable to Software. The Beneficiaries agree that Access Rights (under all the rules herein defined) when applying to Software do not comprise access to Source Code but only to Object Code, unless otherwise expressly provided herein below. For Software, which is either Background or Foreground, the Beneficiaries also agree that they shall have Limited Source Code Access for executing the Network of Excellence, but they shall not have any access to Source Code for Use. Limited Source Code Access shall mean Source Code access (i.e. access to Source Code (as available from the Beneficiary granting such access) and also to Software Documentation), provided in any case that an API including Software Documentation for the respective Software is not available; and also that use of the Software in Object Code form alone is not meaningful. Each Beneficiary licensing its Software shall have the right to ask for a prior written agreement with the Beneficiary(s) specifying and protecting its proprietary rights.
7.4.5.2 Access Rights to Software for the Execution of the Project Access Rights to Software which is Foreground or Background, needed for the execution of the project shall be granted on the basis of a royalty free Limited Source Code Access upon written request, specifying the scope and duration of their application particularly with respect to Software which is Background.
7.4.5.3 Access Rights to Software for Use Software, which is Foreground or Background needed for Use of own Foreground shall be granted on the basis of a Limited Source Code Access upon a bilateral agreement between the Beneficiaries concerned. Access to Software which is Foreground or to Software which is Background needed for Use of own Foreground shall be granted on Fair and Reasonable Conditions.
Specific Provisions for Access Rights to Software. 9.4.7.1 General principles For the avoidance of doubt, the general provisions for Access-rights provided for in Article 9.4.1 herein are applicable also to software. Access-rights to Software do not comprise access to Source Code but only Limited Source Code Access as defined below. Access to Source Code will be granted subject to separate agreements only, to be concluded between the Contractors concerned. 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 Contractor granting the Access-rights.
9.4.7.2 Access-rights to Software for carrying out the Network Access-rights to Software which is Knowledge or Pre-existing Know-how, needed for the execution of the Network 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,
Specific Provisions for Access Rights to Software. 9.7.1 For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 are applicable also to software. The Access Rights of Parties, including its Linked Third Parties or other subcontractors, 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 entity granting the Access Rights.
9.7.2 Any Party, including its Linked Third Parties or other subcontractors, which develops software as part of the work Programme, shall make this software available free of charge to the Parties, their Linked Third Parties and other subcontractors for implementation of their tasks under the HBM4EU Programme and for their internal research purposes.
