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("Policy") embodied in the Federal Acquisition Regulations System, which is
<br />based on Ch. 18 of title 35 U.S.C. Sections 200, et seq. (Pub. L. 95-517, Pub.
<br />L. 98-620, 37 CFR part 401); Presidential Memorandum on Government Patent
<br />Policy to the Heads of the Executive Departments and Agencies, dated
<br />2/18/1983); and Executive Order 12591, 4/10/87, 52 FIR 13414, 3 CFR, 1987
<br />Comp., p. 220 (as amended by Executive Order 12618,
<br />12/22/87, 52 FIR 48661, 3 CFR, 1987 Comp., p. 262). SUB -RECIPIENT hereby
<br />agrees to be bound by the Policy, and will contractually require its personnel to
<br />be bound by the Policy.
<br />B. Rights to Use Inventions
<br />CITY shall have an unencumbered right, and a non-exclusive, irrevocable,
<br />royalty- free license, to use, manufacture, improve upon, and allow others to
<br />do so for all government purposes, any Invention developed under this
<br />Agreement.
<br />C. Copyright Policy
<br />1. Unless otherwise provided by the terms of the Grantor or of this Agreement,
<br />when copyrightable material ("Material") is developed under this
<br />Agreement, the author or the CITY, at the CITY'S discretion, may copyright
<br />the Material. If the CITY declines to copyright the Material, the CITY shall
<br />have an unencumbered right, and a non-exclusive, irrevocable, royalty- free
<br />license, to use, manufacture, improve upon, and allow others to do so for
<br />all government purposes, any Material developed underthis Agreement.
<br />2. The Grantor shall have an unencumbered right, and a non-exclusive,
<br />irrevocable, royalty -free license, to use, manufacture, improve upon, and
<br />allow others to do so for all government purposes, any Material developed
<br />under this Agreement or any Copyright purchased under this Agreement.
<br />3. SUB -RECIPIENT shall comply with all applicable requirements in the Code
<br />of Federal Regulations related to copyrights and copyright policy.
<br />4. License and Delivery of Works Subject to Copyright and Data Rights. The
<br />Contractor grants to the CALIFORNIA STATE UNIVERSITY FULLERTON, a paid -
<br />up, royalty -free, nonexclusive, irrevocable, worldwide license in data first
<br />produced in the performance of this contract to reproduce, publish, or
<br />otherwise use, including prepare derivative works, distribute copies to the
<br />public, and perform publicly and display publicly such data. For data
<br />required by the contract but not first produced in the performance of this
<br />contract, the Contractor will identify such data and grant to the CALIFORNIA
<br />STATE UNIVERSITY FULLERTON or acquires on its behalf a license of the same
<br />scope as for data first produced in the performance of this contract. Data,
<br />as used herein, shall include any work subject to copyright under 17 U.S.C.
<br />§ 102, for example, any written reports or literary works, software and/or
<br />source code, music, choreography, pictures or images, graphics,
<br />sculptures, videos, motion pictures or other audiovisual works, sound
<br />and/or video recordings, and architectural works. Upon or before the
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