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City of Santa Ana
<br />Agreement Number 12-TRANSIT-06
<br />AMS ADV ID: 1224000031
<br />Page 15 of 19
<br />28.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 />29.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
<br />under this RGA, and educational programming created or produced for Project under this RGA.
<br />The grant will be an 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 />© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to
<br />promptly notify CALTRANS, in writing, about instances where such accreditation is requested
<br />and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make
<br />reasonable efforts to affix the copyright notice in a timely manner.
<br />d.Required disclaimer language for educational programming and Artwork created or produced
<br />for Project under this RGA.
<br />i.Educational programming: AGENCY must place a disclaimer statement in a conspicuous
<br />manner on the educational programming created or produced for Project under this RGA a
<br />disclaimer that states the content of the educational programming does not reflect the
<br />official views or policies of CALTRANS. The educational programming does not constitute
<br />a standard, specification, or regulation.
<br />ii.Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in
<br />close proximately to the Artwork created or produced for Project under this RGA a
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