## IV.5.5. Compatibility 

The contractor guarantees to the contracting authority that at the date of signature of each specific contract the Software is compatible with all Hardware or Software described in the specific contract under consideration. 

## IV.5.6. Intellectual property rights  concerning Software  — confidentiality 

IV.5.6.1. The Intellectual property rights  attached to the Software  and its Documentation  shall remain the contractor's exclusive property. 

IV.5.6.2. The contracting authority undertakes: 

(1) to take all measures necessary vis-à-vis its end user personnel and persons having access to the Software and its Documentation , to ensure that the confidentiality of the Software is observed; 

(2) not to pledge, assign, sub-license, transfer or lend, for payment or otherwise, the Software  and its Documentation  except in the manner set out under Article IV.5.4; 

(3) to inform the contractor immediately in the event of seizure, to protest against it and to take all necessary steps in order to safeguard the integrity of the contractor’s Intellectual property rights . 

IV.5.6.3. In the event of unauthorised disclosure of confidential information by either party, the other party shall address it a warning by a Means of Registered communication , requesting the first party to confirm that it will no longer disclose the said information. If no satisfactory response is obtained within the requested time limit, the other party is entitled to terminate this framework contract. The parties recognise that damages may not constitute sufficient compensation for the other party, who may require reparation by injunction or other relief judged appropriate or necessary by the appropriate court of law. 

## IV.5.7. Escrow rider 

IV.5.7.1. Except as set forth in Article IV.5.7.4., the contracting authority and the contractor shall appoint by mutual agreement an Escrow agent  who will provide appropriate safekeeping facilities for the Product  and its Documentation . The Escrow rider  shall be concluded between the contractor, the Escrow agent and the contracting authority. The Escrow rider shall provide that the contractor must deposit with the Escrow agent  a copy of all necessary Software  and Documentation , source code and that the contracting authority shall have access to this copy as provided under Article IV.5.7.2. 

IV.5.7.2. The Escrow rider  shall provide that if the contractor discontinues the maintenance of the Product, the contracting authority may instruct the Escrow agent to deliver a copy of the actual source code for the Products involved, including associated control statements required for operation, maintenance and use of the source code, each in programmer-readable form (collectively: "the Source code"), along with any associated Documentation including updates, to the relevant installation site. If the contracting authority receives the Source code in the manner provided hereunder, no additional fees shall be charged. Title to the Source code shall remain with the contractor. 

IV.5.7.3. The contracting authority shall have the right at any time to contact the Escrow agent for the purpose of confirming the existence of the Source code and associated Documentation  including updates thereto and for verification of the instructions to the Escrow agent  to release the Source code under the circumstances specified under this Article. 

