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<br />COUNTY, Federal, and State governments reserve the right to authorize others to use or reproduce such
<br />materials. Further, the COUNTY, Federal, and State governments shall have access to any report,
<br />preliminary findings or data assembled by CONTRACTOR under this Agreement and shall retain
<br />ownership and patent rights to any discovery or invention under this Agreement, as provided in 29 CFR
<br />97.34 and 97.36(1)(8&9).
<br />INTELLECTUAL PROPERTY
<br />33. (a) Federal Funding. In any Agreement funded in whole or in part by the federal
<br />government, COUNTY may acquire and maintain the Intellectual Property rights, title, and ownership,
<br />which result directly or indirectly from the Agreement, except as provided in 37 Code of Federal
<br />Regulations part 401.14. CONTRACTOR agrees to grant the COUNTY, Federal and State
<br />governments aroyalty-free, non-exclusive, irrevocable, paid-up license throughout the world to use,
<br />duplicate, or dispose of such Intellectual Property throughout the world in any manner for
<br />governmental purposes and to have and permit others to do so.
<br />(b) Ownership.
<br />(1) Except where COUNTY has agreed in a signed writing to accept a license, COUNTY
<br />shall be and remain, without additional compensation, the sole owner of any and all rights, title
<br />and interest in all intellectual property, from the moment of creation, whether or not jointly
<br />conceived, that are made, conceived, derived from, or reduced to practice by CONTRACTOR
<br />or COUNTY and which result directly or indirectly from this Agreement.
<br />(2) For the purposes of this Agreement, Intellectual Property means recognized
<br />protectable rights and interest such as: patents, (whether or not issued) copyrights,
<br />trademarks, service marks, applications for any of the foregoing, inventions, trade secrets,
<br />trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity,
<br />author's rights, contract and licensing rights, works, mask works, industrial design rights, rights
<br />of priority, know how, design flows, methodologies, devices, business processes,
<br />developments, innovations, good will, any data or information maintained, collected or stored in
<br />the ordinary course of business by COUNTY, and all other legal rights protecting intangible
<br />proprietary information as may exist now and/or hereafter come into existence, and all
<br />WIA COST REIMBURSEMENT CONTRACT- REV. 5-15-07 24
<br />20D-26
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