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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 />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 24 CFR 85.34. <br />D. Rights to Data <br />The Grantor and the CITY shall have unlimited rights or copyright license to <br />any data first produced or delivered under this Agreement. "Unlimited rights" <br />means the right to use, disclose, reproduce, prepare derivative works, <br />distribute copies to the public, and perform and display publicly, or permit <br />others to do so; as required by 48 CFR 27.401. Where the data are not first <br />produced under this Agreement or are published copyrighted data with the <br />notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a <br />copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited <br />rights. (48 CFR 27.404(a)). <br />E. Obligations Binding on Subcontractors <br />SUB-RECIPIENT shall require all subcontractors to comply with the <br />obligations of this section by incorporating the terms of this section into all <br />subcontracts. <br />21 <br />20A-26