Common use of Federally Funded Work Product Clause in Contracts

Federally Funded Work Product. If Work Product has been developed and delivered by Contractor as a Deliverable under this Contract, and such Work Product has been funded by Agency, to any extent, with federal funds, then Agency will have all right, title, and interest (including ownership of copyright and trademark) to such Work Product. The parties agree that all federally funded Work Product is “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act. If for any reason the Work Product is not “work made for hire” Contractor hereby irrevocably assigns to Agency any and all of its rights, title, and interest in all Work Product delivered under this Contract, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon Agency’s reasonable request, Contractor shall execute such further documents and instruments to fully vest such rights in Agency. Contractor waives any and all rights relating to Work Product created pursuant to this Contract, including without limitation any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction, or limitation on use or subsequent modifications. If the Work Product, including Deliverables, has been funded with federal funds, the [federal agency] reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for federal government purposes, such Deliverable. Agency grants Contractor a perpetual non-exclusive, irrevocable, royalty-free, world-wide license to use, copy, execute, perform, modify, display, distribute, and transmit the Federally Funded Work Product to other governmental entities, and to prepare derivative works of Federally Funded Work Product, and to authorize others to do the same on Contractor’s behalf, for other governmental entities. Contractor shall not charge a development, licensing or user fee to any state, federal, or local governmental entity when distributing copies of, and transferring or sublicensing rights to, the Work Product to such entity. Contractor may recover costs of transferring or making such Work Product available from the receiving entity. For purposes of Section 8.5, Contractor’s exercise of its right to transfer or sublicense according to this Section 8.2.3.3 will be considered an activity performed by Contractor under this Contract.

Federally Funded Work Product. If To the extent required by [cite relevant code or rule], Work Product has been developed Product, including Deliverables and delivered by Contractor as a Deliverable under this Contractderivative works and compilations, and whether or not such Work Product is considered a “work made for hire,” is the exclusive property of Agency. Agency has been funded by Agency, to any extent, with federal funds, then Agency will have all right, title, and interest (including ownership of copyright and trademark) to such Work Product as Federally Funded Work Product. The parties agree that all federally funded [federal agency] reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for federal government purposes, such Work Product. Such Federally Funded Work Product is “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act. If for any reason the Federally Funded Work Product is not “work made for hire” Contractor hereby irrevocably assigns to Agency any and all of its rights, title, and interest in all Federally Funded Work Product delivered under this Contract, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon Agency’s reasonable request, Contractor shall execute such further documents and instruments to fully vest such rights in Agency. Contractor waives any and all rights relating to Federally Funded Work Product created pursuant to this Contract, including without limitation any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction, or limitation on use or subsequent modifications. If the Work Product, including Deliverables, has been funded with federal funds, the [federal agency] reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for federal government purposes, such Deliverable. Agency grants Contractor a perpetual non-exclusive, irrevocable, royalty-free, world-wide license to use, copy, execute, perform, modify, display, distribute, and transmit the Federally Funded Work Product to other governmental entities, and to prepare derivative works of Federally Funded Work Product, and to authorize others to do the same on Contractor’s behalf, for other governmental entities. Contractor shall not charge a development, licensing licensing, or user fee to any state, federal, or local governmental entity when distributing copies of, and transferring or sublicensing rights to, the Federally Funded Work Product to such entity. Contractor may recover costs of transferring or making such Federally Funded Work Product available from the receiving entity. For purposes of Section 8.5, Contractor’s exercise of its right to transfer or sublicense according to this Section 8.2.3.3 8.2.2 will be considered an activity performed by Contractor under this Contract. Third Party Intellectual Property. Unless otherwise specified in a Statement of Work that Agency, on its own, will acquire and obtain a license to Third Party Intellectual Property, Contractor shall secure on Agency’s behalf, in the name of Agency and subject to Agency’s approval, a license to Third Party Intellectual Property necessary for Agency to access and receive the benefit of the Subscription Services. Licenses for Third Party Intellectual Property are set forth in Exhibit H, and Exhibit H will be deemed to include any additional licenses for Third Party Intellectual Property approved by Agency. In the event that Federally Funded Work Product is Third Party Intellectual Property, a derivative work based on Third Party Intellectual Property, or a compilation that includes Third Party Intellectual Property, Contractor shall secure on Agency’s behalf and in the name of Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property and the pre-existing elements of the Third Party Intellectual Property employed in the Federally Funded Work Product, and to authorize others to do the same on Agency’s behalf.

Federally Funded Work Product. If Work Product has been developed and delivered by Contractor as a Deliverable under this Contract, and such Work Product has been funded by Agency, to any extent, with federal funds, then Agency will have all right, title, and interest (including ownership of copyright and trademark) to such Work Product. The parties agree that all federally funded Work Product is “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act. If for any reason the Work Product is not “work made for hire” Contractor hereby irrevocably assigns to Agency any and all of its rights, title, and interest in all Work Product delivered under this Contract, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon Agency’s reasonable request, Contractor shall execute such further documents and instruments to fully vest such rights in Agency. Contractor waives any and all rights relating to Work Product created pursuant to this Contract, including without limitation any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction, or limitation on use or subsequent modifications. If the Work Product, including Deliverables, has been funded with federal funds, the [federal agency] reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for federal government purposes, such Deliverable. Agency grants Contractor a perpetual non-exclusive, irrevocable, royalty-free, world-wide license to use, copy, execute, perform, modify, display, distribute, and transmit the Federally Funded Work Product to other governmental entities, and to prepare derivative works of Federally Funded Work Product, and to authorize others to do the same on Contractor’s behalf, for other governmental entities. Contractor shall not charge a development, licensing or user fee to any state, federal, or local governmental entity when distributing copies of, and transferring or sublicensing rights to, the Work Product to such entity. Contractor may recover costs of transferring or making such Work Product available from the receiving entity. For purposes of Section Secti on 8.5, Contractor’s exercise of its right to transfer or sublicense according to this Section 8.2.3.3 will be considered an activity performed by Contractor under this Contract.