Tender Specifications - ECHA - Europa

I.9.2 Any dispute between the parties resulting from the interpretation or application of the
Contract which cannot be settled amicably shall be brought before the Helsinki district court.
ARTICLE I.10 – DATA PROTECTION
Any personal data included in the Contract shall be processed pursuant to Regulation (EC) No
45/2001 on the protection of individuals with regard to the processing of personal data by the
Community institutions and bodies and on the free movement of such data. Such data shall be
processed solely for the purposes of the performance, management and monitoring of the Contract
by the entity referred to in Article I.8 acting as data controller without prejudice to possible
transmission to the bodies charged with monitoring or inspection task in application of Union law.
ARTICLE I.11 –USE OF PROPRIETARY SOFTWARE
I.11.1. Unless otherwise specified in Annex II or in the specific contracts, the Contractor is
responsible for acquiring all software licences needed in connection with the provision of the
services.
I.11.2 In order to provide the services, the Contractor may, subject to Annex II, use proprietary
software of the Contractor or of a third party provided that the Contractor informs the Agency of any
use of such software.
I.11.3.The Contractor shall inform the Agency of any use intellectual and industrial property rights
of a third party, including IT-applications or code snippets, to be used in the performance of the
Contract.
Prior permission from the Agency must be sought by the Contractor before such third party work
will be incorporated with the deliverables.
The Contractor shall provide the Agency with the relevant legal documents demonstrating the
scope of user rights granted to the Contractor by the third party right holder.
The Contractor shall not use in the performance of the Contract any software components so that
any part of the deliverable becomes subject to an excluded license. An excluded license is one that
requires, as a condition of use, modification or distribution, that
a) the code be disclosed or distributed in source code form; or
b) other third parties have the right to modify it.
ARTICLE I.12 - PATENTS, LICENCES AND INTELLECTUAL PROPERTY
I.12.1 The Contractor undertakes:
- not to allow any other party than the Contactor to copy any software owned by or licensed to the
Agency, without prior written authorisation from the Agency;
- to use such software exclusively in the context of this Contract.
- to protect the Agency against all third-party actions for breach of copyright or other intellectual
property rights which might arise out of this Contract, as set out in Article I.12.3.
I.12.2 The Contractor declares that it is the rightful owner of the intellectual rights to all deliverables
supplied by virtue of this Contract, and that it is entitled to sell or transfer those rights to the Agency
in accordance with the terms of Article II.10 of this Contract.
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