Poland – Research and development consultancy services – Nabycie specjalistycznej wiedzy technicznej (know how) w zakresie cyfrowych danych geolokalizacyjnych i telemetrycznych wraz ze specjalistycznym szkoleniem w ramach realizacji Projektu „exPLo AI - Inteligentny analizator aktywności turystycznej” akronim: exPLo; Numer umowy o dofinansowanie: INFOSTRATEG8/3/2025

The subject of the contract is the acquisition of specialised technical knowledge (know-how) of methodologies, data interpretation methods, and the Contractor's experiences related to the use of data constituting the subject of – depending on the type – industrial property rights exclusively to the extent that the transferred technical knowledge, methods or algorithms are protected by a patent granted by the competent patent office on the basis of the Act of 30 June 2000 – Industrial Property Law (Journal of Laws 2023.1170, hereinafter: “I.P.L.”); copyright exclusively to the extent that the transferred materials constitute a creative expression of knowledge – in particular: reports describing the methodology, technological instructions, validation documentation, pseudocode and other works of an individual character, within the meaning of Article 1(1) of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2025.24, hereinafter: “C.R.L.”), including computer programs protected under Article 74 of the C.R.L.; rights to a database – exclusively to the extent that the supplied sets of reference and test data meet the definition of a database under Article 2(1)(1) of the Act of 27 July 2001 on the Protection of Databases (Journal of Laws 2024.1769) and required a significant investment by the producer; protection of trade secrets – to the extent that the transferred know-how, methodologies and reference data are not protected by patent or copyright law, but constitute confidential technical or organisational information of the Contractor having commercial value and protected under Article 11(2) of the Act of 16 April 1993 on Combating Unfair Competition (Journal of Laws 2026.85, hereinafter: “U.F.C.A.”); – as well as the results of the implementation of the Project „exPLo AI“, which are not subject to any of the above forms of protection, in particular: raw and anonymised statistical and telemetric data constituting empirical facts, mathematical methods and algorithms as abstract concepts not associated with a specific creative form of expression, measurement results and statistical aggregates, as well as synergistic knowledge created independently by the Purchaser as a result of combining multimodal data – collectively referred to as „PWI“ – and the acquisition by the Purchaser or the granting to the Purchaser by the Contractor of property rights to them and related dependent rights – if applicable, depending on the nature and type of these property rights, and referred to for the purposes of this procedure as „acquisition of specialised technical knowledge (know-how)“ together with specialised training, collectively referred to as „subject of the contract” in the scope described to the Purchaser by the Contractor. The subject of the contract described above constitutes the category of qualified costs „purchase of patented knowledge“ and „purchase of non-patented know-how“ for the purposes of settling expenditures before the NCBR by the Purchaser. Therefore, wherever in the documentation of this procedure, regardless of its name, including in the contract, the pattern of which is Appendix No. 3 to the SWZ, the terms „acquisition of specialised technical knowledge (know-how), know-how, methodologies, data interpretation methods and the Contractor's experiences related to the use of data“, specialised technical knowledge, (know-how) and other equivalent terms, these shall be understood to mean PWI within the meaning of § 4(2) of the Agreement on co-financing INFOSTRATEG8/3/2025 (Intellectual Property Rights and Implementation of Project Results) and the acquisition by the Purchaser or the granting to the Purchaser of property rights to them and – related dependent rights - if applicable, depending on the nature and type of these property rights. A detailed description of the subject of the contract is set out in Appendix No. 1 to the SWZ.