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CITY shall have an unencumbered right,
<br />royalty- free license, to use, manufacture,
<br />do so for all government purposes, an
<br />C. Copyright Policy
<br />y
<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 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 BREA, a paid -up, royalty -free, nonexclusive,
<br />irrevocable, worldwide license in data first produced in the performance of
<br />this contract to reproduce, publish, or otherwise use, including prepare
<br />derivative works, distribute copies to the public, and perform publicly and
<br />display publicly such data. For data required by the contract but not first
<br />produced in the performance of this contract, the Contractor will identify
<br />such data and grant to the CITY OF BREA or acquires on its behalf a license
<br />of the same scope as for data first produced in the performance of this
<br />contract. Data, as used herein, shall include any work subject to copyright
<br />under 17 U.S.C. § 102, for example, any written reports or literary works,
<br />software and/or source code, music, choreography, pictures or images,
<br />graphics, sculptures, videos, motion pictures or other audiovisual works,
<br />sound and/or video recordings, and architectural works. Upon or before the
<br />completion of this contract, the Contractor will deliver to the CITY OF BREA
<br />data first produced in the performance of this contract and data required by
<br />the contract but not first produced in the performance of this contract in
<br />formats acceptable by the CITY OF BREA.
<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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