Contract number: ECHA/2019/355  FWC conditions of October 2018 
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(i) where the results are or include logos or subject -matter which could be registered as 
a trademark: the right to register such logo or subject -matter as a trademark and to 
further exploit and use it; 
(j) where the results are or include know-how: the right to use such know -how as is 
necessary to make use of the results to the full extent provided for by this FWC, and 
the right to make it available to contractors or subcontractors acting on behalf of the 
contracting authority, subject to their signing of adequate confidentiality undertakings 
where necessary; 
(k) where the results are documents: 
(i) the right to authorise the reuse of the documents in conformity with the 
Commission Decision of 12 December 2011 on the reuse of Commission 
documents (2011/833/EU), to the extent it is applicable and the documents fall 
within its scope and are not excluded by any of its provisions; for the sake of this 
provision, "reuse" and "document" have the meaning given to them by this 
Decision; 
(ii) the right to store and archive the results in line with the document management 
rules applicable to the contracting authority , including digitisation or converting 
the format for preservation or new use purposes;  
(l) where the results are or incorporate software, including source code, object code and, 
where relevant, documentation, preparatory materials and manuals, in addition to the 
other rights mentioned in this Article: 
(i) end-user rights, for all uses by the contracting authority or by subcontractors 
which result from this FWC and from the intention of the parties; 
(ii) the rights to receive both the source code and the object code; 
(m) the right to license to third parties  any of the exclusive rights or of the modes of 
exploitation set out in this FWC ; however, for pre-existing materials which are only 
licensed to the contracting authority, the right to sub -license does not apply, except 
in the two cases foreseen by Article II.13.2.;  
(n) to the extent that the contractor may invoke moral rights, the right for the contracting 
authority, except where otherwise provided in this FWC, to publish the results with or 
without mentioning the creator(s)’ name(s), and the right to decide when and whether 
the results may be disclosed and published. 
The contractor warrants that the exclusive rights and the modes of exploitation may be 
exercised by the contracting authority  on all parts of the results, be it via a transfer of 
ownership of the rights, on those parts which were specifically created by the contractor, 
or via a licence of the pre -existing rights, on those parts consisting of pre-existing 
materials. 
Where pre-existing materials are inserted in the results, the contracting authority may 
accept reasonable restrictions impacting on the above list, provided that the said materials 
are easily identifiable and separable from the rest, that they do not correspond to 
substantial elements of the results, and that, should the need arise, satisfactory 
replacement solutions exist, at no additional costs to the contracting authority. In such 
case, the contractor will have to clearly inform the contracting authority before making 
such choice and the contracting authority has the right to refuse it. 
II.13.4. Identification of pre-existing rights  
When delivering the results, t he contractor must warrant  that, for any use that the 
contracting authority may envisage within the limits set in this FWC,  the newly created 
parts and the pre-existing material  incorporated in the results are free of claims from