Galileo OS SIS ICD.indd - GSA - Europa

around the scope, terms and conditions of the above mentioned access shall be
settled in accordance with art.14.
ARTICLE 4 – European Commission Obligations
4.1 If in the course of the Agreement, the European Union assumes ownership
of other OS related intellectual property rights (including intellectual property
rights on the Result) than those listed in Annex D1, the European Commission is
entitled – but not obliged – to update Annex D1 accordingly.
4.2 In case the above mentioned intellectual property rights are included in Annex
D1, they shall be considered as licensed under the present Agreement, without
the need to amend the Agreement.
ARTICLE 5 - Maintaining the Patent in force
The European Commission, and/or ESA, shall not be obliged to maintain the OS
SIS ICD related Patents in force. If the European Commission decides not to
maintain the OS SIS ICD related Patents (or part of it) in force, it shall promptly
inform the Licensee in writing.
ARTICLE 6 - Duration, Renewal and Termination
6.1 The duration of the present Agreement shall be 10 years from the date of
signature by the last Party. It may be renewed by mutual written agreement upon
written request by registered letter by the Licensee six months before the expiry
date of the Agreement.
6.2 Upon appropriate justifi ed reasons, the Licensee may terminate this Agreement
by serving six months’ written notice by registered letter to the other Party. This
Agreement may also be terminated at any time by written mutual agreement
between the Parties.
6.3 In the event of termination of this Agreement in accordance with Article 6(2)
and without prejudice to any other measures provided for in the Agreement, the
Licensee shall:
a) discontinue the use of the Results or any other activity covered under Article
2 and
b) take all appropriate measures to minimize costs, prevent damage, and
cancel his commitments.
6.4 In the event of non-performance by the Licensee of any of his obligations arising
out of this Agreement (and in particular, but not exclusively, Article 3 and 7)
and irrespective of the consequences provided under the law applicable to
this Agreement, the European Commission may automatically terminate the
Agreement without any legal formality, upon notice by registered letter to the
Licensee at the address mentioned in Article 16. The consequences of such
termination shall be those specifi ed in Article 6.3(a) and 6.3(b).
ARTICLE 7 - Confi dentiality obligation
7.1 The access of the European Commission and the Licensee to the Information
shall be limited to the scope of the present Agreement.
All the information that shall consist of, but is limited to, the technical details, all
business and manufacturing secrets and in particular research, development,
production and market data as well as other business information and any other
© European Union 2010
Document subject to terms of use and disclaimers p. ii-iii
OD SIS ICD, Issue 1, February 2010
187