Contract number: ECHA/2020/724  Restricted  Service contract conditions of December 2018  a) Rights of use of the databases and of the data, licensing rights on pre-existing  materials  b) Use of the Data for non-commercial purposes  c) Authorised users  d) Rights of use of the Data and/or rights of access to the Data 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.  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.  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.  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.  5 Commission Regulation (EC) 340/2008 of 16 April 2008 on the fees and charges payable to the European  Chemicals Agency pursuant to Regulation (EC) 1907/2006 of the European Parliament and of the Council on  the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). 8 