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on Government Patent Policy to the Heads of the Executive Departments and
<br />Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR
<br />13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618,
<br />12/22/87, 52 FR 486(31, 3 CFR, 1987 Comp., p. 262). SUB-RECIPIENT
<br />hereby agrees to be bound by the Policy, and will contractually require its
<br />personnel to be bound by the Policy.
<br />B. Riqhts 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
<br />Agreement, when copyrightable material ("Material") is developed
<br />under this Agreement, the author or the CITY, at the CITY'S
<br />discretion, may copyright the Material. If the CITY declines to
<br />copyright the Material, the CITY shall have an unencumbered right,
<br />and a non-exclusive, irrevocable, royalty- free license, to use,
<br />manufacture, improve upon, and allow others to do so for all
<br />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,
<br />and allow others to do so for all government purposes, any Material
<br />developed under this Agreement or any Copyright purchased under
<br />this Agreement.
<br />3. SUB-RECIPIENT shall comply with all applicable requirements in the
<br />Code of Federal Regulations related to copyrights and copyright
<br />policy.
<br />D. Riqhts to Data
<br />The Grantor and the CITY shall have unlimited rights or copyright license to any
<br />datafirstproducedordeliveredunderthisAgreement. "Unlimitedrights"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
<br />Agreement or are published copyrighted data with the notice of 17 u.s.c.
<br />Section 401 or 402, the Grantor acquires the data under a copyright license as
<br />set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
<br />E. Obliqations Bindinq on Subcontractors
<br />SUB-RECIPIENT shall require all subcontractors to comply with the obligations
<br />of this section by incorporating the terms of this section into all subcontracts.
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