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City of Santa Ana
<br />Agreement Number CCL-5063-206
<br />AMS ADV ID: 1222000096
<br />Page 15 of 19
<br />RGA.
<br />ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty -free, sublicensable,
<br />unlimited, worldwide license to prepare derivative works, make, publish, display, and
<br />distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork
<br />created or produced for Project under this RGA, or derivatives thereof, for non-commercial
<br />purposes or any State government purposes. This includes, but is not limited to,
<br />reproductions used in brochures, media publicity, public outreach campaigns (including
<br />television and social media campaigns), education, and exhibition catalogues or other similar
<br />publication.
<br />iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS
<br />reasonably determines is necessary or desirable to perfect the license or sublicense
<br />described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS
<br />within fifteen (15) days of written notice that this documentation is required.
<br />32. Government Purpose Rights for Inventions
<br />a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery,
<br />improvement or development regardless of patentability made solely by AGENCY or jointly with
<br />the AGENCY's contractor, subcontractor and/or subrecipient during the term of this RGA and in
<br />performance of any work under this RGA, provided that either the conception or reduction to
<br />practice thereof occurs during the term of this RGA and in performance of work issued under this
<br />RGA.
<br />b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the
<br />Project. "Government Purpose Rights' are the unlimited, irrevocable, worldwide, perpetual,
<br />royalty -free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release,
<br />display, create derivative works from, and disclose any said invention. "Government Purpose
<br />Rights" also include the right to release or disclose said invention(s) outside CALTRANS for any
<br />State government purpose and to authorize recipients to use, modify, reproduce, perform,
<br />release, display, create derivative works from, and disclose the invention(s) for any State
<br />government purpose. "Government Purpose Rights" do not include any rights to use, modify,
<br />reproduce, perform, release, display, create derivative works from, or disclose the invention(s)
<br />for any commercial purpose.
<br />33. Additional Intellectual Property Provisions
<br />a. To the extent any intellectual property is created or produced for Project under this RGA, and
<br />not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to
<br />ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a
<br />fashion substantially similar to other rights for non-commercial uses and State government
<br />purposes described in this RGA.
<br />b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach
<br />purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights
<br />for use of the "Before" and "After" Project photos, Artwork created or produced for Project under
<br />this RGA, and educational programming created or produced for Project under this RGA. The
<br />grant will bean irrevocable, non-exclusive, perpetual, royalty -free, sublicensable, unlimited,
<br />worldwide license.
<br />c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of
<br />"Before" or "After" Project photographs, educational programming, and Artwork shall contain a
<br />credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
<br />0 [Artist/Copyright owner's name, date of publication]. AGENCY bears sole responsibility to
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