国际技术转让加设备进口合同

国际技术转让加设备进口合同,标签：技术开发合同,技术咨询合同,http://www.qz26.com
article 16.licence/use of technical information
16.1for the operation and maintenance of the contract plantincorporating the process（es）specified in appendix 6 （licence conditions)hereto， and subject to the conditions therein contained， the suppliershall grant a non-exclusive and non-transferable licence （without theright to sub-license）to the buyer under the patents， utility models orother industrial property rights owned by the supplier or by a third partyfrom whom the supplier has received the right to grantlicencesthereunder， and shall also grant to the buyer a non-exclusive andnon-transferable right （without the right to sub-license）to use theknow-how and other technical information disclosed to the buyer under thecontract. nothing contained herein shall be construed as transferringownership of any patent， utility model， trademark， design， copyright，know-how or other intellectual property right from the supplier or anythird party to the buyer.
16.2the fully paid up licence fee for the grant of the licence andrights under article 16.1 above shall be included in the contract priceand paid to the supplier by the buyer for the operation and maintenance bythe buyer of the contract plant at its specified design capacity pursuantto article 12 （contract price and technical service fee）hereof. theoperation of the contract plant by the buyer in excess of such designcapacity or any extension or modification by the buyer of the contractplant which results in an increase in such design capacity of the contractplant shall be subject to the conditions specified in appendix 6 （licenceconditions）hereto.
16.3the copyright in all drawings， documents and other materialscontaining data and information furnished to the buyer by the supplierhereunder shall remain vested in the supplier or， if they are furnished tothe buyer directly or through the supplier by any third party includingprocess licensor（s）or suppliers of the equipment， the copyright in suchmaterials shall remain vested in such third party.
article 17.confidential information
17.1the buyer and the supplier shall keep confidential and shall not，without the written consent of the other party hereto， divulge to anythird party any documents， data， know-how or other information furnisheddirectly or indirectly by the other party hereto in connection with thecontract whether such information has been furnished prior to， during orfollowing termination of the contract. notwithstanding the above， thesupplier may furnish to its sub-contractor such documents， data， know-howand other information it receives from the buyer to the extent requiredfor the sub-contractor to perform its works under the contract， in whichevent the supplier shall obtain from such sub-contractor an undertaking ofconfidentiality similar to that imposed on the supplier under this article17.
17.2the buyer shall not use such documents， data， know- how and otherinformation received from the supplier for any purpose other than theoperation and maintenance of the contract plant or the equipment.similarly， the supplier shall not use such documents， data， know-how andother information received from the buyer for any purpose other than thedesign， procurement of the equipment， or such other work and services asare required for the performance of the contract.
17.3the obligation of a party under articles 17.1 and 17.2 above，however， shall not apply to that information which:（a）now or hereafter enters the public domain through no fault of thatparty; or （b）can be proved to have been in the possession of that party at thetime of disclosure and which was not previously obtained， directly orindirectly， from the other party hereto; or（c）otherwise lawfully becomes available to that party from a thirdparty under no obligation of confidentiality.

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