Common use of Specific Provisions for Access Rights to Software Clause in Contracts

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 and/or after the termination of the contractual relationship with the employee or third party. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; the Confidential Information is communicated to the Recipient without any obligation of confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality to the Disclosing Party; the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; the Confidential Information was already known to the Recipient prior to disclosure, or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care Each Recipient shall promptly inform the relevant Disclosing Party by written notice of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. If any Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order or - in the case of an Associated Partner - with a reporting requirement from its national funding authority, it shall, to the extent it is lawfully able to do so, prior to any such disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information.

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 Recipients hereby undertakes undertake 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 end of the Granting Authority (the Coordinator notifies the Associated Partner(s) about the date of the final payment): Project: 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 Recipients shall be responsible for the fulfilment of the above obligations on the part of its their 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 and/or after the termination of the contractual relationship with the employee or third party. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; the Confidential Information is communicated to the Recipient without any obligation of confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality to the Disclosing Party; the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; the Confidential Information was already known to the Recipient prior to disclosure, or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care Each Recipient shall promptly inform the relevant Disclosing Party by written notice of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. If any Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order or - in the case of an Associated Partner - with a reporting requirement from its national funding authorityorder, it shall, to the extent it is lawfully able to do so, prior to any such disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information.

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. . Section 10: Non-disclosure of information information 10.1 All information in whatever form or mode of communicationtransmission, 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 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”. . 10.2 The Recipient Recipients hereby undertakes undertake in addition and without prejudice to any commitment on of non-disclosure under the Grant AgreementProject Contract, for a period of 5 years after the final payment end of the Granting Authority (the Coordinator notifies the Associated Partner(s) about the date of the final payment): Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party 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, Party on request demand all Confidential Information that which has been disclosed supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine-machine readable form to form. If needed for the extent practically possible. The recording of ongoing obligations, the Recipients may however request to 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. archival purposes only. 10.3 The Recipient Recipients shall be responsible for the fulfilment fulfillment of the above obligations on the part of its their employees or third parties involved in the Project and shall ensure that they their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of the contractual relationship with the employee or third party. employment. 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidentiality confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant AgreementProject Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure, disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section Art. 10.7 hereunder. . 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care care. 10.6 Each Recipient Party shall promptly inform advise the relevant Disclosing other Party by written notice in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. . 10.7 If any Recipient Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order or - in the case of an Associated Partner - with a reporting requirement from its national funding authorityorder, it shall, to the extent it is lawfully able to do so, prior to any such disclosure notify -notify the Disclosing Party, and comply -comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. 10.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.

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. . Section 10: Non-disclosure of information information 10.1 All information in whatever form or mode of communicationtransmission, 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 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”. . 10.2 The Recipient Recipients hereby undertakes undertake in addition and without prejudice to any commitment on of non-disclosure under the Grant AgreementEC-GA, for a period of 5 years after the final payment end of the Granting Authority EC-GA: (the Coordinator notifies the Associated Partner(sa) about the date of the final payment): not to use Confidential Information otherwise than for the purpose for which it was disclosed; ; (b) not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; ; (c) to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and and (d) to return to the Disclosing Party, or destroy, Party on request demand all Confidential Information that which has been disclosed supplied to or acquired by the Recipients Recipients, including all copies thereof and to delete all information stored in a machine-machine readable form to form. If Needed for the extent practically possible. The recording of ongoing obligations, the Recipients may however request to 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. archival purposes only. 10.3 The Recipient Recipients shall be responsible for the fulfilment fulfillment of the above obligations on the part of its their employees or third parties involved in the Project and shall ensure that they their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of the contractual relationship with the employee or third party. employment. 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: : (a) the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; ; (b) the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; ; (c) the Confidential Information is communicated to the Recipient without any obligation of confidentiality confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality confidence to the Disclosing Party; ; (d) the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; EC-GA; (e) the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or (f) the Confidential Information was already known to the Recipient prior to disclosure, or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. . 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care care. 10.6 Each Recipient Party shall promptly inform advise the relevant Disclosing other Party by written notice in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. . 10.7 If any Recipient Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order or - in the case of an Associated Partner - with a reporting requirement from its national funding authorityorder, it shall, to the extent it is lawfully able to do so, prior to any such disclosure • notify the Disclosing Party, and • comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. 10.8 The confidentiality obligations under this Consortium Agreement and the EC-GA shall not prevent the communication of Confidential Information to the Commission.

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. The 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. . Section 10: Non-disclosure of information information 10.1 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”. . 10.2 The Recipient Recipients hereby undertakes undertake in addition and without prejudice to any commitment on of non-disclosure under the Grant Agreement, for a period of 5 4 years after the final payment end of the Granting Authority (the Coordinator notifies the Associated Partner(s) about the date of the final payment): Project: not to use Confidential Information otherwise than for the purpose for which it was disclosed; not to disclose Confidential Information to any third party 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, Party on request demand all Confidential Information that which has been disclosed supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine-machine readable form to the extent practically possibleform. 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. obligations. 10.3 The Recipient Recipients shall be responsible for the fulfilment of the above obligations on the part of its their 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 and/or after the termination of the contractual relationship with the employee or third party. . 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; the Confidential Information is communicated to the Recipient without any obligation of confidentiality confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality confidence to the Disclosing Party; the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or the Confidential Information was already known to the Recipient prior to disclosure, disclosure or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. . 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care care. 10.6 Each Recipient Party shall promptly inform advise the relevant Disclosing other Party by written notice in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. . 10.7 If any Recipient Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order or - in the case of an Associated Partner - with a reporting requirement from its national funding authorityorder, it shall, to the extent it is lawfully able to do so, prior to any such disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information.

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 Recipients hereby undertakes undertake 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 end of the Granting Authority (the Coordinator notifies the Associated Partner(s) about the date of the final payment): Project: 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 Recipients shall be responsible for the fulfilment of the above obligations on the part of its their 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 and/or after the termination of the contractual relationship with the employee or third party. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; the Confidential Information is communicated to the Recipient without any obligation of confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality to the Disclosing Party; the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; the Confidential Information was already known to the Recipient prior to disclosure, or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care Each Recipient shall promptly inform the relevant Disclosing Party by written notice of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. If any Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order or - in the case of an Associated Partner - with a reporting requirement from its national funding authorityorder, it shall, to the extent it is lawfully able to do so, prior to any such disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information.

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. Non10Non-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” or “sensitive” 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 fifteen (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, during the Project and for a period of 5 five (5) years after the final payment of the Granting Authority (the Coordinator notifies the Associated Partner(s) about the date of the final payment): Authority: 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 Recipient including all copies thereof and to delete all information stored in a machine-readable form to the extent practically possible. The Recipients Recipient 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 and/or after the termination of the contractual relationship with the employee or third party. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; the Confidential Information is communicated to the Recipient without any obligation of confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality to the Disclosing Party; the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; the Confidential Information was already known to the Recipient prior to disclosure, or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care care. Each Recipient shall promptly inform the relevant Disclosing Party by written notice of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. If any Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order or - in the case of an Associated Partner - with a reporting requirement from its national funding authority, it shall, to the extent it is lawfully able to do so, prior to any such disclosure disclosure. notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. 11Miscellaneous Attachments, inconsistencies and severability This Consortium Agreement consists of this core text and: Attachment 1 (Background included) Attachment 2 (Accession document) Attachment 3 (NDA for external Scientific Advisory Board agreed under Section 6) In case the terms of this Consortium Agreement are in conflict with the terms of the Grant Agreement, the terms of the latter shall prevail. In case of conflicts between the attachments and the core text of this Consortium Agreement, the latter shall prevail. Should any provision of this Consortium Agreement become invalid, illegal or unenforceable, it shall not affect the validity of the remaining provisions of this Consortium Agreement. In such a case, the Parties concerned shall be entitled to request that a valid and practicable provision be negotiated that fulfils the purpose of the original provision. No representation, partnership or agency Except as otherwise provided in Section Error: Reference source not found, no Party shall be entitled to act or to make legally binding declarations on behalf of any other Party or of the consortium. Nothing in this Consortium Agreement shall be deemed to constitute a joint venture, agency, partnership, interest grouping or any other kind of formal business grouping or entity between the Parties. Formal and written notices Any notice to be given under this Consortium Agreement shall be addressed to the Recipients as listed in the most current address list kept by the Coordinator. Any change of persons or contact details shall be immediately communicated to the Coordinator by written notice. The address list shall be accessible to all Parties. Formal notices: If it is required in this Consortium Agreement (Sections 4.2, 9.7.2.1.1, and 11.4) that a formal notice, consent or approval shall be given, such notice shall be signed by an authorised representative of a Party and shall either be served personally or sent by mail with recorded delivery with acknowledgement of receipt. Written notice: Where written notice is required by this Consortium Agreement, this is fulfilled also by other means of communication such as e-mail with acknowledgement of receipt. Assignment and amendments Except as set out in Section 8.3, no rights or obligations of the Parties arising from this Consortium Agreement may be assigned or transferred, in whole or in part, to any third party without the other Parties’ prior formal approval. Amendments and modifications to the text of this Consortium Agreement not explicitly listed in Section 6.3.1.2 (LP) require a separate written agreement to be signed between all Parties. Mandatory national law Nothing in this Consortium Agreement shall be deemed to require a Party to breach any mandatory statutory law under which the Party is operating.

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. [If Software is a core element for the Project, participants replace this Article 9.8 with the Special Clauses for Software [Module IPR SC]. Section 10: Non-disclosure of information information 10.1 All information in whatever form or mode of communicationtransmission, 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 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”. . 10.2 The Recipient Recipients hereby undertakes undertake in addition and without prejudice to any commitment on of non-disclosure under the Grant AgreementEC-GA, for a period of 5 years after the final payment end of the Granting Authority Project: (the Coordinator notifies the Associated Partner(sa) about the date of the final payment): not to use Confidential Information otherwise than for the purpose for which it was disclosed; (b) not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; (c) to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and (d) to return to the Disclosing Party, or destroy, Party on request demand all Confidential Information that which has been disclosed supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine-machine readable form to form. If needed for the extent practically possible. The recording of ongoing obligations, the Recipients may however request to 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. archival purposes only. 10.3 The Recipient Recipients shall be responsible for the fulfilment of the above obligations on the part of its their employees or third parties involved in the Project and shall ensure that they their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of the contractual relationship with the employee or third party. employment. 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: (a) the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; (b) the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; (c) the Confidential Information is communicated to the Recipient without any obligation of confidentiality confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality confidence to the Disclosing Party; (d) the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant AgreementEC-GA; (e) the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or (f) the Confidential Information was already known to the Recipient prior to disclosure, or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. . 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care care. 10.6 Each Recipient Party shall promptly inform advise the relevant Disclosing other Party by written notice in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. . 10.7 If any Recipient Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order or - in the case of an Associated Partner - with a reporting requirement from its national funding authorityorder, it shall, to the extent it is lawfully able to do so, prior to any such disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. 10.8 The confidentiality obligations under this Consortium Agreement and the EC-GA shall not prevent the communication of Confidential Information to the European Commission.

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. . Section 10: Non-disclosure of information information 10.1 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”. . 10.2 The Recipient Recipients hereby undertakes undertake in addition and without prejudice to any commitment on of non-disclosure under the Grant Agreement, for a period of 5 4 years after the final payment end 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. Project: 10.3 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 their 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 and/or after the termination of the contractual relationship with the employee or third party. . 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; the Confidential Information is communicated to the Recipient without any obligation of confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality to the Disclosing Party; the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; the Confidential Information was already known to the Recipient prior to disclosure, or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. : 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care care. 10.6 Each Recipient Party shall promptly inform advise the relevant Disclosing other Party by written notice in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. . 10.7 If any Recipient Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order or - in the case of an Associated Partner - with a reporting requirement from its national funding authorityorder, it shall, to the extent it is lawfully able to do so, prior to any such disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information.disclosure