## 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 contract, the newly created parts 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 contract 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 addition 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 Union. The contracting authority may request this evidence even after the end of this contract. 

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 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; 

(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 payment 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. 

