Common use of Access Rights to Background Clause in Contracts

Access Rights to Background. With regard to Background it is understood that each of the JU Project Participants has the required expertise, experience and Background to undertake its own work in the specific JU Project. However, there may be occasions on which it will be Needed for JU Project Participants to give access to their Background to other JU Project Participants to execute a specific JU Project. In these cases, (a) if for a JU Project Participant participating in that specific JU Project Background is Needed to solve a particular problem in order to achieve the JU Project's research and development objectives, that JU Project Participant will be given access to the appropriate Background of the other JU Project Participants of that specific project to the extent Needed for this purpose under transfer conditions - provided they are free to disclose such Background, (b) if for an JU Project Participant being or becoming a party to another JU Project within the same application domain included in the SRA, Background that is available in a JU Project is Needed for research and development performance in order to achieve such JU Project's objectives, JU Project Participant that is entitled to grant Access Rights to such Background will favourably consider such JU Project Participants access to its appropriate Background at transfer conditions, provided such other JU Project Participant concerned is willing to grant to the JU Project Participants equivalent rights, provided no major business interests oppose and provided further arrangements ensure the use for such work only, to the extent Needed for this purpose - provided it is free to disclose such Background and provided that , suitable arrangements, which shall include without limitation confidentiality arrangements, required by the JU Project Participant concerned are concluded to ensure that the Background will not be used for any other purpose than that for which it was supplied (c) if a RTD Undertaking on the conditions indicated in Clause 2.1(c) or any other JU Project Participant for other application domains as indicated inthe definition of RTD Undertaking needs for the successful completion of its own research project Background related to and Needed for the utilisation of any Foreground Information received as per Clause 2.1(b) or 2.1(c)and that applicant could not reasonably be expected either to possess already or to be in a position to obtain such information or license from other sources, relevant JU Project Participant will grant access to their Needed Background on favourable conditions, provided such RTD Undertaking is willing to grant to the JU Project Participants equivalent rights, provided no major business interests oppose and provided they are free to disclose such Background , that further arrangements ensure the use for such work only, and under the proviso that no major business interests oppose and provided that , suitable arrangements, which shall include without limitation confidentiality arrangements, required by the JU Project Participant concerned are concluded to ensure that the Background will not be used for any other purpose than that for which it was supplied

Access Rights to Background. With regard Exercise of access rights -Waiving ofaccess rights - No sub-licensing To exercise access rights , this must first be requested in writing ('requestfor access'). 'Access rights' means rights to Background it is understood use results or background under the terms and conditions laid down in this Agreement. Waivers of access rights are not valid unless in writing. Unless agreed otherwise , access rights do not include the right to sub-license. Access rights for other beneficiaries, for implementing their own tasks under the action The beneficiaries must give each other access - on a royalty-free basis - to background needed to implement their own tasks under the act io n, unless the beneficiary that each of holds the JU Project Participants background has the required expertise, experience and Background to undertake its own work in the specific JU Project. However, there may be occasions on which it will be Needed for JU Project Participants to give access to their Background to other JU Project Participants to execute a specific JU Project. In these cases, (a) if for a JU Project Participant participating in that specific JU Project Background is Needed to solve a particular problem in order to achieve the JU Project's research and development objectives, that JU Project Participant will be given access - before acceding to the appropriate Background of Agreement -: informed the other JU Project Participants of beneficiaries that specific project to the extent Needed for this purpose under transfer conditions - provided they are free to disclose such Background, (b) if for an JU Project Participant being or becoming a party to another JU Project within the same application domain included in the SRA, Background that is available in a JU Project is Needed for research and development performance in order to achieve such JU Project's objectives, JU Project Participant that is entitled to grant Access Rights to such Background will favourably consider such JU Project Participants access to its appropriate Background at transfer conditionsbackground is subject to lega! restrictions or limits , provided such including those imposed by the rights of third parties (including personne l) , or agreed with the other JU Project Participant concerned is willing beneficiaries that access would not be on a royalty-free basis. Access rights for other beneficiaries, for exploiting their own results The beneficiaries must give each other access - under fair and reasonable conditions - to grant background needed for exploiting their own results , unless the beneficiary that holds the background has - before acceding to the JU Project Participants equivalent rightsAgreement - informed the other beneficiaries that access to its background is subject to lega! restrictions or lim its, provided no major business interests oppose including those imposed by the rights of third parties (including personnel). 'Fair and provided further arrangements ensure reasonable conditions ' means appropriate conditio ns , including possible financial terms or royalty-free co nditio ns, taking into account the use specific circumstances of the request for such work onlyaccess, for example the actual or potential value of the results or background to which access is requested and/or the scope, duration or other characteristics of the exploitation envisaged. Requests for access may be made - unless agreed otherwise - up to one year after the period set out in Article 3. Access rights for affiliated entities Unless otherwise agreed in the consortium agreement, access to background must also be given under fair and reasonable conditions (see above; Article 25.3) and unless it is subject to lega! Associated with document Ref . Ares(2016)5773705 - 05/10/2016 restrictions or lim its, including those imposed by the rights of third parties (including personnel) - to affiliated entit ies 18 established in an EU Member State or 'associated country' 19 ifthis is needed to exploit the results generated by the beneficiaries to which they are affiliated. 25.1) the affiliated entity concerned must make the request directly to the extent Needed beneficiary that holds the background. Requests for this purpose access may be made - provided it is free unless agreed otherwise - up to disclose such Background and provided that , suitable arrangements, which shall include without limitation confidentiality arrangements, required by one year after the JU Project Participant concerned are concluded to ensure that the Background will not be used period set out in Article 3. Access rights for third parties Not applicable Consequences of non-compliance If a beneficiary breaches any other purpose than that for which it was supplied (c) if a RTD Undertaking on the conditions indicated in Clause 2.1(c) or any other JU Project Participant for other application domains as indicated inthe definition of RTD Undertaking needs for the successful completion of its own research project Background related to and Needed for obligations under this Article, the utilisation of any Foreground Information received as per Clause 2.1(b) or 2.1(c)and that applicant could not reasonably grant may be expected either to possess already or to be in a position to obtain such information or license from other sources, relevant JU Project Participant will grant access to their Needed Background on favourable conditions, provided such RTD Undertaking is willing to grant to the JU Project Participants equivalent rights, provided no major business interests oppose and provided they are free to disclose such Background , that further arrangements ensure the use for such work only, and under the proviso that no major business interests oppose and provided that , suitable arrangements, which shall include without limitation confidentiality arrangements, required by the JU Project Participant concerned are concluded to ensure that the Background will not be used for any other purpose than that for which it was suppliedreduced (see Article 43).