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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 />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 CITY OF COSTA MESA, 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 COSTA MESA or <br />acquires on its behalf a license of the same scope as for data first produced <br />in the performance of this contract. Data, as used herein, shall include any <br />work subject to copyright under 17 U.S.C. § 102, for example, any written <br />reports or literary works, software and/or source code, music, <br />choreography, pictures or images, graphics, sculptures, videos, motion <br />pictures or other audiovisual works, sound and/or video recordings, and <br />architectural works. Upon or before the completion of this contract, the <br />Contractor will deliver to the CITY OF COSTA MESA data first produced in the <br />performance of this contract and data required by the contract but not first <br />produced in the performance of this contract in formats acceptable by the <br />CITY OF COSTA MESA. <br />D. Rights to Data <br />The Grantor and the CITY shall have unlimited rights or copyright license to any <br />27 <br />