2007-03-26 Regular Meeting of La Porte City Council

Browse Search

Page 7 of 10 B. With respect to all subject data first produced in the performance of this Agreement, DOT reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: 1) Any work developed under the grant, sub-grant, or third party contract, irrespective of whether or not a copyright has been obtained; and 2) Any rights of copyright to which the Grantee, sub-grantee, or third-party contractor purchases ownership with DOT assistance. C. When DOT provides assistance to a Grantee for a program involving emergency planning and training, it is DOT's intent to increase the body of transportation knowledge, rather than to limit the benefit of the program to the parties to the agreement. Therefore, the Grantee that has received assistance to support research, financed under the Federal Hazardous Materials Transportation Law (49 U.S.C. Section 5101 et. seq.), understands and agrees that, in addition to the rights set forth in sub-section 15.8 of this Agreement, DOT may make available to any DOT Grantee, sub-grantee, sub-recipient, third-party contractor, or third party subcontractor, either DOT's license in the copyright to the "subject data" derived under this agreement. D. The Grantee must indemnify, save and hold harmless DOT, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting form any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this agreement. E. Nothing contained in this clause implies a license to DOT under any patent or can be construed as affecting the scope of any license or other right otherwise granted to DOT under any patent. F. Subsections 15.B through 15.0 of this document are not applicable to material furnished to the Grantee by DOT and incorporated in the work furnished under the Agreement, provided that the Grantee identifies the incorporated material when the work is delivered. G. If the program, which is the subject of this agreement, is not completed, for any reason whatsoever, all data developed under that program becomes subject data as defined in Subsection 15.A of this Agreement and must be delivered as DOT may direct. H. The requirements of Subsections 15,A through 15.G of this document must be included in all third-party contracts of the Grantee under this program.