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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 under this 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 CITY OF IRVINE, a paid -up, royalty -free,
<br />nonexclusive, irrevocable, worldwide license in data first produced in the
<br />performance of this contract to reproduce, publish, or otherwise use,
<br />including prepare derivative works, distribute copies to the public, and
<br />perform publicly and display publicly such data. For data required by the
<br />contract but not first produced in the performance of this contract, the
<br />Contractor will identify such data and grant to the CITY OF IRVINE or acquires
<br />on its behalf a license of the same scope as for data first produced in the
<br />performance of this contract. Data, as used herein, shall include any work
<br />subject to copyright under 17 U.S.C. § 102, for example, any written reports
<br />or literary works, software and/or source code, music, choreography,
<br />pictures or images, graphics, sculptures, videos, motion pictures or other
<br />audiovisual works, sound and/or video recordings, and architectural works.
<br />Upon or before the completion of this contract, the Contractor will deliver to
<br />the CITY OF IRVINE data first produced in the performance of this contract
<br />and data required by the contract but not first produced in the performance
<br />of this contract in formats acceptable by the CITY OF IRVINE.
<br />D. Rights to Data
<br />The Grantor and the CITY shall have unlimited rights or copyright license to any
<br />data first produced or delivered under this Agreement. "Unlimited rights" means
<br />the right to use, disclose, reproduce, prepare derivative works, distribute copies
<br />to the public, and perform and display publicly, or permit others to do so; as
<br />required by 48 CFR 27.401. Where the data are not first produced under this
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