Results and Background Sample Clauses
Results and Background. The Background is the property of the Party that provides the material or information. Results shall be owned by the Party whose employee(s) generated such Results, or on whose behalf such Results have been generated. Notwithstanding any ownership or Intellectual Property Rights in the Results/ Deliverables of the Third Party(ies), the Third Party(ies) agree to grant a non-exclusive, royalty-free, transferable and unlimited right of use with the right to modify and for sub-licensing to Consortium Partners and their Affiliates for the implementation of the 6G-XR Project with regard to all Results achieved by the Third Party in the course of the work according to this Agreement and to the Background of the Third Party(ies) embedded to these Results and/or to the Background of the Third Party(ies) that is needed for such use of the Results. If Consortium Partner(s) or their Affiliates need to use the Results of a Third Party for use or commercial exploitation of their own Results of the 6G-XR Project, each Third Party shall grant a non-exclusive, transferable right of use with regard to Third Party Results royalty-free conditions. If Consortium Partner(s) or their Affiliates need to use the Background of a Third Party for use or commercial exploitation of their own Results of the 6G-XR Project, each Third Party shall grant a non-exclusive right of use with regard to this Background on fair and reasonable conditions to be negotiated in good faith between the concerned Parties. The Third Party(ies) acknowledge and agree that the Results/ Deliverables will be integrated by the Consortium Partners (or by the Third Party itself, if specifically agreed between the respective Parties) into the test networks of the Consortium Partners. The Results that will be achieved with this kind of integration shall belong to the Consortium Partner creating/ generating the Result. If third parties (including employees and other personnel) may claim rights to the Results /Deliverables of the Third Party(ies), the Third Party concerned must ensure that those rights can be exercised in a manner compatible with its obligations under this Agreement. The Third Parties must indicate the owner(s) of the Results/ Deliverables/ embedded Background/ Background that is needed for the use of the Results in the final report. The Third Party agrees not to use as part of the Results/ Deliverables any Intellectual Property Rights of a third party for which the Third Party has not acquired the ri...
Results and Background. This template provides a possible basic structure of an agreement your organisation may wish to conclude with a Partner Organisation which intends to host a seconded ESR, however it cannot foresee all possible situations and IPR issues that may be relevant to your situation. As such, this document is provided without any express or implied warranty as to its suitability. If you have any specific concerns please refer to the [ACRONYM] Grant Agreement, the Consortium Agreement or contact the Coordinator for advice. The Partner Organisation may also wish to supplement this agreement with a separate bilateral agreement with the ESR. This agreement is made between: [YOUR INSTITUTION NAME] (hereinafter indicated as [YOUR INSTITUTION short name] or Seconding Entity ) established in [YOUR INSTITUTION LEGAL ADDRESS] and [HOSTING ENTITY or PARTNER ORGANISATION NAME], hereinafter indicated as [YOUR INSTITUTION short name] or Host Entity established in [SECONDING ENTITY‟S LEGAL ADDRESS] Definitions: Early stage researcher (ESR): is a researcher in the first four years (full-time equivalent) of their research activity, including the period of research training.
Results and Background. Results means any (tangible or intangible) output of the research and development such as data, knowledge or information - whatever its form or nature, whether it can be protected or not - that is generated in the Project, as well as any rights attached to it, including intellectual property rights. The Parties shall regularly inform each other about their respective research results and work progress and shall exchange interim and final reports prepared by them in accordance with their grants. Results are owned by the Party that generates them. Two or more Parties own Results jointly if they have jointly generated them. The co-ownership share of the Result is determined by the ratio of the parties' creative contributions to achieving the Result, the value of the background and the value of other resources necessary to achieve the result. The joint owners must agree (in writing) on the terms of exercise of their joint ownership (joint ownership agreement). Unless otherwise agreed in the joint ownership agreement: joint owner may not transfer the Results or grant licenses to third parties without prior written consent of the other joint owner(s), the other joint owner(s) must receive fair and reasonable compensation; each of the joint owners shall be entitled to use their jointly owned Results for non-commercial research activities on a royalty-free basis, and without requiring the prior consent of the other joint owner(s); Any joint owner commercially using the jointly owned Results is obliged to provide fair and reasonable financial compensation to the other joint owner(s). The Parties are obliged to secure adequate protection of the Results in accordance with the regulations of intellectual property law. The Parties shall assist each other in the preparing applications for the protection. The Parties shall share, in proportion to their co-ownership shares, the costs associated with submitting applications for the protection of the Results. Pre-existing knowledge (Background) means any data, know-how or information - whatever its form or nature (tangible or intangible), including any rights such as intellectual property rights - that is held by the Parties before they acceded to this Consortium Agreement, and that is needed to implement the Project. ln Attachment No. 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legaI restricti...
Results and Background. Results Non-disclosure of information Term and Termination
Results and Background. 6.1 This Agreement does not affect the ownership of any Background intellectual property, which includes also improvements of such Background intellectual property to the extent that such improvement is not separable of Background intellectual property. To the extent that ownership is possible, Lead Partner shall be assigned the Results that are generated within the Project, to the extent they constitute improvements of the Lead Partner’s Background, which it shall consequently be free to protect (patents or any other form of protection) and exploit subject to the terms herein. Each Partner shall use reasonable efforts to make the Data required for the execution of the Project available and accessible. Each Data contributing Partner retains ownership of the Data it contributes to the Project.
6.2 Each of the Partners is hereby granted a free license to use of the Results for the purpose of carrying out its work under the Project, and for academic research and teaching purposes after completion of the Project, including research involving projects funded by third parties, provided that those parties neither gain nor claim any rights to the Results.
6.3 In the event that a third party wishes to purchase the Results for commercial exploitation, the Lead Partner may transfer ownership of Results during the course of the Project with the prior written consent of the Partner(s) that provided Data for the Project and/or Partner(s) who provided the computational model to be trained in this Project. The Lead Partner shall notify all Partners with 30 days prior notice of any such transfer and shall ensure that such transfer will not affect the rights of the Partners. The Partners, assembled in the Supervision Committee, shall be entitled to withhold their consent to such transfer, but not on unreasonable grounds.
6.4 In the event that there is any income generated by the Lead Partner from commercial exploitation of Results, it shall be divided as follows: • 50% of all Net Proceeds shall be divided between the Partner(s) who provided the computational model to be trained in this Project (pro rate the effort measured in FTE spent on the project, based on approved statements of working hours). • The other 50% shall be divided between the Partners providing Data for the Project, pro rate the number of usable individual subjects contributed per Partner as stipulated by inclusion and exclusion criteria of the Project.