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.
Appears in 4 contracts
Samples: Project Consortium Agreement, Project Consortium Agreement, Project Consortium Agreement
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 CA 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 the Section 9.9.3 9. 93 below, in the event that: any Software, which is Background, has been used or introduced under an open source licenselicence, or any Software, which is a ResultResults, has been made available, on agreement of the owning Party, under an open source licenselicence, then, in respect of such Background or Result (“Open Source Software”)Results, the terms of the open source license Open Source Software licence will prevail over the terms of this Section 9.9.
Appears in 1 contract
Samples: Consortium Agreement