scope:

General

These guidelines and sample clauses are available for use by a contracting authority, in a co-operative programme or in a programme-related national contract.

It is necessary that the contract include provisions which should establish the rights and obligations of the respective parties to the Software. In particular, the difference in nature of Foreground and Background Software should be actually reflected in the contractual conditions of disclosure and use. The Background Software concerned and the associated conditions of use should be defined clearly in the contract or in a separate agreement. These provisions should address the following issues in a manner consistent with the mutually agreed requirements of the governments, normally set out in the governing MOU. This would be i.e. Government/Defence/Programme.

These guidelines and sample clauses on the disclosure and use of software are additional to the intellectual property provisions set out in the "Guidelines on Contractual Terms for Project Definition (PD) and Design and Development (DD)".