SOFTWARE AND DATA AGREEMENT FOR THE USE OF THE SOFTWARE TOOLS AND DOCUMENTS DEVELOPED BY THE PARTNERS OF THE PROJECT: “SAFE AND SECURE MIXED-CRITICALLY SYSTEMS WITH LOW POWER REQUIREMENTS-SAFEPOWER” UNDER THE HORIZON 2020 FRAMEWORK PROGRAMME FOR RESEARCH AND INNOVATION
This document is intended to inform and confirm that the user knows the conditions of use of the TOOLS that can be downloaded from the project webpage.
1.1 Each Party having proprietary rights to the TOOL grant to the rest of users, exclusively during the Consortium Agreement being in force, the right to use the TOOL and access to the shared data in accordance with this Agreement solely for the purpose of the SAFEPOWER Project.
1.2 The TOOL has been developed by each of the Party’s according to individual contributions and consists of a platform, which is accessible on-line by using specific access codes defined by the CONSORTIUM.
The following terms are used within this agreement:
- CONSORTIUM: Group of beneficiaries that have signed an agreement to work together in this Project financed by the contracting authority.
- CONSORTIUM COORDINATOR: Represents the CONSORTIUM before the contracting authority.
- GRANT AGREEMENT: EU standard contract defining the basic conditions for the Project financing. Signatories of the Grant Agreement are the European Commission as the EU’s representative and the Coordinator. It contains a detailed description of the awarded action.
- USERNAME and PASSWORD: TOOL access codes provided.
- SHARED DATA: All text, information, data, processed data, calculation results, images, or other material made available by EACH MEMBER of the CONSORTIUM by means of the TOOL.
- DELIVERY KIT: It includes the USERS’ ACCESS (username and password), that will be distributed to users who accept these conditions.
- USERS: Those who accept the conditions defined in this document and download the TOOLS through a delivery kit.
USER’s RIGHTS AND OBLIGATIONS
3.1 The rights and obligations agreed in this Document may not be transferred or sold to third parties. The intellectual property rights and the rights to the software codes (or source code) for the TOOL belong to the Parties having created it.
3.2 The beneficiaries cannot modify the software and its database in any manner or attempt a reverse engineering. All access to and use of any of the shared data may be terminated if the Party (ies) having created the TOOL reasonably believe that the use of that data infringe the intellectual property rights or breaches any applicable Law.
3.3 The beneficiaries will not change, use or exploit the Shared Data in any way not consistent with a proper participation in the Project.
HOSTING AND HANDLING OF COOKIES
- The TOOL will be hosted by a private commercial provider selected by IKERLAN SCOOP. according to a contract that has to be approved by the Consortium Coordinator on behalf of all beneficiaries.
- With regard to the “cookies”, the web platform is designed to guarantee that no personal details are acquired or transferred to third parties.
- The security of the TOOL is guaranteed by the USERNAME and PASSWORD, the secure HTTPS protocol and the SSL digital certificate.
- The host is committed to preserve and process the data with the utmost care, using special systems developed according to the highest safety standard in the industry. The said host shall be liable in case of loss of data according to this clause.
- In order to prevent the loss of data, periodic backup of sources files and database is provided.
- Data will at all times remain controlled by the host as data controller and the beneficiaries shall only have access in a disaggregated form and always consistent with the Project purpose.
- The beneficiaries shall be entitled to access/receive/use the Shared Data, for the Project purpose, solely in accordance with the provisions of this Agreement and until termination of it.
- The host shall ensure the highest level of data protection of the transferred data and data storage and promise to update the security of the software always to the actual status of knowledge.
6.1 Data and information released from each Party having proprietary rights to the TOOL are provided on an “AS IS” basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. Availability of this data and information does not constitute scientific publication. Data and/or information may contain errors or be incomplete.
6.2 Each Party having proprietary rights to the TOOL and its employees make no representation or warranty, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose or warranties as to the identity or ownership of data or information, the quality, accuracy or completeness of data or information, or that the use of such data or information will not infringe any patent, intellectual property or proprietary rights of any party.
6.3 Each Party having proprietary rights to the TOOL shall not be liable for any claim for any loss, harm or other damage or injury arising from access to or use of data or information, including without limitation any direct, indirect, incidental, exemplary, special or consequential damages, even if advised of the possibility of such damages.