(i) end-user rights, for all uses by the Union or by subcontractors acting on behalf of the Union which result from this FWC and from the intention of the parties; 

(ii) the rights to decompile or disassemble the software; 

(m) 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 Union on all parts of the results , be they created by the contractor or 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 , the contractor must warrant that, for any use that the contracting authority may envisage within the limits set in this FWC, the results and the pre-existing material  incorporated in the results  are free of claims from 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 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 Union. The contracting authority may request this evidence even after the end of this FWC. 

This evidence may refer, for example, to rights to: parts of other documents, images, graphs, fonts, tables, data, software, technical inventions, 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; 

