Contract number: ECHA/2019/355  FWC conditions of October 2018 
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creators or from any third parties  and all the necessary pre-existing rights  have been 
obtained or licensed.  
To that effect, the contractor must establish a list of all pre-existing rights to the results of 
this FWC or parts thereof, including identification of the rights’ owners. If there are no pre-
existing rights to the results, the contractor must provide a declaration to that effect. The 
contractor must provide this list or declaration to the contracting authority  together with 
the invoice for payment of the balance at the latest.  
II.13.5. Evidence of granting of pre-existing rights  
Upon request by the contracting authority , the contractor must, in additi on to the list 
mentioned under Article II.13.4., provide evidence that it has the  ownership or the right 
to use all the listed pre-existing rights, except for the rights owned or licensed by the 
contracting authority. The contracting authority may request this evidence even after the 
end of this FWC. 
This provision also applies to image rights and sound recordings. 
This evidence may refer, for example, to rights to : parts of other documents, images, 
graphs, sounds, music, tables, data, software, technical i nventions, know -how, IT 
development tools, routines, subroutines or other programs (‘background technology ’), 
concepts, designs, installations or pieces of art, data, source or background materials or 
any other parts of external origin. 
This evidence must include, as appropriate:  
(a) the name and version number of a software product;  
(b) the full identification of the work and its author, developer, creator, translator, 
data entry person, graphic designer, publisher, editor, photographer, producer;  
(c) a copy of the licence to use the product or of the agreement granting the relevant 
rights to the contractor or a reference to this licence;  
(d) a copy of the agreement or extract from the employment contract granting the 
relevant rights to the contractor where parts of the results were created by its 
personnel;  
(e) the text of the disclaimer notice if any. 
Provision of evidence does not release the contractor from its responsibilities if it is found 
that it does not hold the necessary rights, regardless of when and by whom this fact is 
revealed.  
The contractor also warrants that it possesses the relevant rights or powers to execute the 
transfer and that it has paid or has verified paymen t of all due fees including fees due to 
collecting societies, related to the final results. 
II.13.6. Quotation of works in the result 
In the result, the contractor must clearly point out all quotations of existing works. The 
complete reference should include as appropriate, the following: name of the author, title 
of the work, date and place of publication, date of creation, address of publication on the 
internet, number, volume and other information  that allows  the origin  to be easily 
identified.