Galileo OS SIS ICD.indd - GSA - Europa
Galileo OS SIS ICD.indd - GSA - Europa
Galileo OS SIS ICD.indd - GSA - Europa
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operation of the Infrastructure Developed Under the <strong>Galileo</strong> Programme and for<br />
<strong>OS</strong> Signal provision.<br />
ARTICLE 4 – Commission Obligations<br />
4.1 If in the course of the Agreement, the European Union assumes ownership<br />
of other <strong>OS</strong> related intellectual property rights (included but not limited to<br />
Developments and Improvements) than those listed in Annex E1 the European<br />
Commission is entitled – but not obliged – to update Annex E1 accordingly.<br />
4.2 In case the above mentioned intellectual property rights are included in Annex<br />
E1, they shall be considered as licensed under the present Agreement, without<br />
the need to amend the Agreement.<br />
ARTICLE 5 - Maintaining the Patent in force<br />
The European Commission, and/or ESA, shall not be obliged to maintain the <strong>OS</strong><br />
<strong>SIS</strong> <strong>ICD</strong> related Patents in force. If the European Commission decides not to<br />
maintain the <strong>OS</strong> <strong>SIS</strong> <strong>ICD</strong> related Patents (or part of it) in force, it shall promptly<br />
inform the Licensee in writing.<br />
ARTICLE 6 - Duration, Renewal and Termination<br />
6.1 The duration of the present Agreement shall be 10 years from the date of<br />
signature by the last Party. It may be renewed by mutual written agreement upon<br />
written request by registered letter by the Licensee six months before the expiry<br />
date of the Agreement.<br />
6.2 Upon appropriate justifi ed reasons, the Licensee may terminate this Agreement<br />
by serving six months’ written notice by registered letter to the other Party. This<br />
Agreement may also be terminated at any time by written mutual agreement<br />
between the Parties.<br />
6.3 In the event of termination of this Agreement in accordance with Article 6(2)<br />
and without prejudice to any other measures provided for in the Agreement, the<br />
Licensee shall:<br />
a) discontinue the use of the Licensee Product or any other activity covered<br />
under Article 2 and<br />
b) take all appropriate measures to minimize costs, prevent damage, and<br />
cancel his commitments.<br />
6.4 In the event of non-performance by the Licensee of any of his obligations arising<br />
out of this Agreement (and in particular, but not exclusively, Article 3 and 7)<br />
and irrespective of the consequences provided under the law applicable to<br />
this Agreement, the Commission may automatically terminate the Agreement<br />
without any legal formality, upon notice by registered letter to the Licensee at the<br />
address mentioned in Article 16. The consequences of such termination shall be<br />
those specifi ed in Article 6.3(a) and 6.3(b).<br />
ARTICLE 7 - Confi dentiality obligation<br />
7.1 The access of the European Commission and the Licensee to the Information<br />
shall be limited to the scope of the present Agreement.<br />
All the information that shall consist of, but is limited to, the technical details, all<br />
business and manufacturing secrets and in particular research, development,<br />
production and market data as well as other business information and any other<br />
© European Union 2010<br />
Document subject to terms of use and disclaimers p. ii-iii<br />
OD <strong>SIS</strong> <strong>ICD</strong>, Issue 1, February 2010<br />
199