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City of Santa Ana
<br />Agreement Number: CCL-5063-213
<br />AMS ADV ID: 1224000042
<br />Page 13of19
<br />5) Install and maintain current anti -virus software, security patches, and upgrades on all
<br />computing devices used during the course of the Agreement.
<br />6) Notify the CALTRANS District Grant Manager immediately of any actual or attempted
<br />violations of security of State-owned data, including lost or stolen computing devices,
<br />files, or portable electronic storage media containing State-owned data.
<br />7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and
<br />the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the
<br />security of State-owned data and of specific means of protecting that State-owned data.
<br />b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement.
<br />c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or
<br />desktop computer without first establishing the specifications for information integrity and security
<br />as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
<br />30. CALTRANS' Use of "Before" and "After" Project Photographs
<br />a. AGENCY acknowledges it provided a "Before" photograph of the Project with the
<br />AGENCY's application for the Clean California Local Grant Program. AGENCY
<br />acknowledges and agrees it must provide an "After" photograph of the Project as part of the
<br />close out reporting process.
<br />b. AGENCY warrants it is the copyright owner of the "Before" and "After" Project photographs.
<br />c. Neither the "Before" nor "After" Project photographs shall include the faces of any
<br />individuals.
<br />d. 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 the "Before"
<br />and "After" Project photographs, or derivatives thereof, for non-commercial purposes or any
<br />State government purposes. This includes, but is not limited to, reproductions used in
<br />brochures, media publicity, public outreach campaigns (including television and social
<br />media campaigns), education, and exhibition catalogues or other similar publication.
<br />e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all
<br />documentation CALTRANS reasonably determines is necessary or desirable to perfect the
<br />license described in this RGA to CALTRANS. This documentation shall be provided to
<br />CALTRANS within fifteen (15) days of written notice that this documentation is required.
<br />31. Limited Grant of Rights to CALTRANS for Use of Educational Programming ("educational
<br />programming") Created or Produced for Project and Visual Art Located Outside of State Right -of -
<br />Way ("Artwork") Created or Produced for Project
<br />a. Educational programming:
<br />AGENCY shall obtain from any and all copyright owner(s) of educational programming a
<br />sublicensable, irrevocable, perpetual, royalty -free, unlimited, worldwide license to prepare
<br />derivative works, make, publish, display, and distribute two-dimensional reproductions and/or
<br />copies, digitally and in print, of the educational programming created or produced for Project
<br />under this RGA, or derivatives thereof, for non-commercial purposes or any State
<br />government purposes. This includes, but is not limited to, reproductions used in brochures,
<br />media publicity, public outreach campaigns (including television and social media
<br />campaigns), education, exhibition catalogues or other similar publication. AGENCY shall
<br />obtain any and all other intellectual property rights necessary to make this grant to
<br />CALTRANS as described in this RGA.
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