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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 48661, 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. 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 /> 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. 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
<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. Obligations Binding 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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