|
|
A.
|
The European
Partners will have access to that technology, including know-how, which is
available to the Government of the United States of America and is needed in
order to accomplish successfully their tasks under this cooperative
programme; for the same purposes the Government of the United States of
America will have access to technology, including know-how, available to the
European Partners.
|
|
B.
|
The
technology, including know-how, which the Government of the United States of
America and the European Partners will require from the other for the
successful accomplishment of tasks under this cooperative programme will be
jointly defined. However, the Government of the United States of America and
the European Partners each reserve the right in exceptional cases to arrange
for their respective technology so defined to be made available in the form
of hardware, rather than know-how.
|
|
C.
|
The
technology, including know-how, so identified and transferred under this
cooperative programme and normally subject to licensing and proprietary control
will not be made available beyond the European Partners, their nationals and
ESRO acting in their behalf in the SL programme without the express prior
approval of the Government of the United States of America. If the European
Partners, their nationals or ESRO wish to use this technology, including
know-how, for purposes other than the development and production tasks under
the cooperative programme and other than in connection with their use of the
Space Shuttle and SL, such uses may be arranged on a case-by-case basis in
accordance with normal commercial practice and the applicable United States
laws and regulations.
|
|
D.
|
The
Government of the United States of America will give consideration on a
case-by-case basis to requests for access to United States technology,
including know-how, beyond that which is directly necessary for the execution
of the SL programme.
|
|
E.
|
Any
technology, including know-how, transferred under this cooperative programme
to the Government of the United States of America or its nationals by the
European Partners will be subject to similar conditions as to availability
and use.
|
|
F.
|
The access
to technology, including know-how, referred to above will be effected in such
a way as not to infringe any existing proprietary rights of any person or
body in the United States or Europe.
|
|
G.
|
The
Government of the United States of America will make available to the
European Partners general information related to the design, development, and
use of the Space Shuttle and orbital system, particularly that required for
the understanding of that system.
|
|
H.
|
In those
cases where the information requested can be made readily available by
agencies of the Government of the United States of America, it will be made
available free of charge; in other cases, the Government of the United States
of America will use its best efforts to facilitate its availability on
favourable conditions.
|
|
I.
|
While the
Government of the United States of America and the European Partners believe
that the SL can be developed within existing European capabilities, it is
recognised that some commercial procurement of components and services in the
United States is likely. In consideration thereof, the Government of the
United States of America shall, in procurement of commercially available
components and services related to the development of the Shuttle, follow the
principle of giving full recognition to advantages offered in Europe in cost,
quality or availability.
|
|
J.
|
The
provisions of this Article shall be subject to applicable laws and
regulations.
|
