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<br />1 <br /> <br />2 <br /> <br />3 <br /> <br />4 <br /> <br />5 <br /> <br />6 <br /> <br />7 <br /> <br /> <br />8 <br /> <br />9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br /> <br />17 <br /> <br />18 <br /> <br /> <br />19 <br /> <br />20 <br /> <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />renewals and extensions, regardless of whether those rights arise under the laws of the United <br />States, or any other state, country or jurisdiction. <br />(i) For the purposes of the definition of Intellectual Property, "works" means all <br />literary works, writings and printed matter including the medium by which they are <br />recorded or reproduced, photographs, art work, pictorial and graphic representations <br />and works of a similar nature, film, motion pictures, digital images, animation cells, and <br />other audiovisual works including positives and negatives thereof, sound recordings, <br />tapes, educational materials, interactive videos, computer software and any other <br />materials or products created, produced, conceptualized and fixed in a tangible medium <br />of expression. It includes preliminary and final products and any materials and <br />information developed for the purposes of producing those final products. "Works" <br />does not include articles submitted to peer review or reference journals or independent <br />research projects. <br />(3) In the performance of this Agreement, CONTRACTOR may exercise and utilize <br />certain of its Intellectual Property in existence prior to the effective date of this Agreement. In <br />addition, under this Agreement, CONTRACTOR may access and utilize certain of COUNTY's <br />Intellectual Property in existence prior to the effective date of this Agreement. Except as <br />otherwise set forth herein, CONTRACTOR shall not use any of COUNTY's Intellectual <br />Property now existing or hereafter existing for any purposes without the prior written <br />permission of COUNTY. Except as otherwise set forth herein, neither the CONTRACTOR nor <br />COUNTY shall give any ownership interest in or rights to its Intellectual Property to the other <br />Party. If, during the term of this Agreement, CONTRACTOR accesses any third-party <br />Intellectual Property that is licensed to COUNTY, CONTRACTOR agrees to abide by all <br />license and confidentiality restrictions applicable to COUNTY in the third-party's license <br />agreement. <br />(4) CONTRACTOR agrees to cooperate with COUNTY in establishing or maintaining <br />COUNTY's exclusive rights in the Intellectual Property, and in assuring COUNTY's sole rights <br />against third parties with respect to the intellectual Property. If the CONTRACTOR enters into <br /> <br />WIA COST REIMBURSEMENT CONTRACT - REV. 8-15-07 <br /> <br />25 <br />