a) Rights of use of the databases and of the data, licensing rights on pre-existing materials 

The Agency does not acquire ownership of the pre-existing rights under this contract; such ownership remains with the contractor or the respective rightholders. 

The contractor grants a licence (hereafter "the Licence") of the pre-existing rights on a non-exclusive, non-transferable basis to the contracting authority, which may use the pre- existing materials for all the modes of exploitation set out in the following provisions. 

As a consequence, the contracting authority obtains the rights of use described hereafter on the pre-existing materials, which consist mainly of database and of data (hereafter "the Data") and may also include metadata, measurements, information and/or other written, graphical or illustrative content, in electronic medium, in machine or human-readable format, whether machine or human-generated and whether or not protected by any intellectual property rights, as well as, as the case may be, accompanying software and other search tools. 

b) Use of the Data for non-commercial purposes 

The contracting authority shall use the Data for non-commercial purposes only, for verification of Small-And-Medium Enterprises (SME) status in dossier evaluation in application of the Fee Regulation 5 . 

Consequently, nothing in this Agreement may limit, or be interpreted as limiting the rights which the contracting authority may benefit from under binding provisions of applicable copyright law or other intellectual property law, providing for mandatory rights for the benefit of lawful users of databases, or exceptions such as for the benefit of scientific or research purposes, including as such legislation may evolve overtime. 

Within the context of the implementation of SME verification activities, the contracting authority shall have the right to provide extracts of the Data to the companies under verification, the European Court of auditors or the General Court of the European Union as may be requested. Access to the database shall not be authorised to the above-mentioned entities. 

c) Authorised users 

When the rights of use/access are granted to the staff of the contracting authority, this can include statutory or non-statutory staff, as well as trainees and subcontractors' staff working on the premises of the contracting authority on a project, who would need to access the Data for the purposes of their activities within the mission of the contracting authority. However, individuals who are not statutory staff or employees of the contracting authority may access the Data only for the purposes of the contracted work. 

d) Rights of use of the Data and/or rights of access to the Data 

Under the Licence granted by the contractor, the contracting authority shall have the following rights of use: accessing, retrieving and extracting, installing, storing, archiving, interpreting, incorporating the Data within a larger dataset, editing, curating, copying, indexing, modifying, improving, creating derivative works, adding new elements and metadata, translating. 

