Third Party Software and Third Party IPRs. 17.11 The Supplier shall not use in the provision of the Services (including in any Specially Written Software or in the software element of Project Specific IPRs) any Third Party Non-COTS Software or Third Party Non-COTS IPRs unless detailed in Schedule 5 (Software) or approval is granted by the Authority following a review by the Technical Board and has in each case either:
Third Party Software and Third Party IPRs. 17.11The Supplier shall not use in the provision of the Services any Third Party Non‑COTS Software or Third Party Non‑COTS IPRs unless in each case it has:
Third Party Software and Third Party IPRs. The Service Provider must ensure that the third party owner of any Intellectual Property Rights (including Third Party Software) that are or which may be used to perform this Contract either (a) grants to the Purchaser a licence (with a right to sub-licence) or, (b) if itself a licensee of those rights, grants to the Purchaser an authorised and equivalently wide sub-licence, in each case (a) and (b) to use, reproduce, modify, develop and maintain such Intellectual Property Rights. Such licence or sub-licence must also be non-exclusive, perpetual, royalty free and irrevocable. All Software licensed to the Purchaser pursuant to this Contract is set out in Schedule 14 (Software Licences).
Third Party Software and Third Party IPRs. 17.8 The Third Party Software and Third Party IPRs shall be licenced by the Supplier to Network Rail on the terms set out in the Appendix.
