Ownership and Rights in Data. (a) The Consultant acknowledges that the County shall have exclusive, unlimited ownership rights to all works performed or created under this Agreement including all layers of design and all drawings, specifications, models, materials, information and deliverables prepared hereunder or developed as a result of Services performed hereunder (e.g., Consultant’s points file, AUTO CAD drawings, meter data and hydraulic models). All of the foregoing shall be deemed to be work made for hire and made in the course of services rendered and shall belong exclusively to the County, with the County having the sole right to obtain, hold and renew, in its own name and/or for its own benefit, patents, copyrights, trademarks, trade secrets, registrations and/or other appropriate protections.
(b) All drawings, specifications, models, materials, information and deliverables prepared for the County by the Consultant hereunder shall be delivered to the County when so requested by the County. In addition, the Consultant must provide the County with at least one editable electronic file of its work.
(c) All such data furnished by the Consultant pursuant to this Agreement are instruments of its services in respect of the project. It is understood that the Consultant does not represent such data to be suitable for re-use on any other project or for any other purpose. Any re-use by the County of such data beyond its original intent and purpose without specific written authorization by the Consultant will be at the sole risk of the County and without liability to the Engineer.
(d) Work created under this Agreement by the Consultant or anyone employed by the Consultant is not intended to include any proprietary software and associated rights or off the shelf training materials or training products developed by a trainer for group or individual learning, regardless of whether the materials or products are modified for use at the County.
(e) To the extent that exclusive title and/or ownership rights may not originally vest in the County as contemplated in subsection (a), the Consultant hereby irrevocably assigns, transfers and conveys to the County all right, title and interest therein. The Consultant and its personnel shall give the County and/or any County designee, at the County’s expense, all reasonable assistance and execute all documents necessary to assist and/or enable the County to perfect, preserve, register and/or record its rights in any such work, materials, information an...
Ownership and Rights in Data. Work produced as a result of this solicitation/contract is and shall remain the sole property of the Maryland Department of Health (MDH).
A. The Department may duplicate, use and disclose in any manner and for any purpose whatsoever, and have others do so, all data delivered under the contract resulting from this solicitation, except where such use may contravene Federal or State guidelines or Regulations. The Contractor hereby grants to the Department a royalty free, nonexclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data now or hereafter covered by copyright; provided that with respect to data originated in the performance of this contract, such license shall be only to the extent that the Vendor has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Contractor shall exert all reasonable effort to advise the Department, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this agreement and not licensed under this clause. The Contractor shall report to the Department, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreement.
B. The Contractor agrees that at all times during the term of this contract and thereafter, the works created and services performed shall be "works made for hire" as that term is interpreted under U.S. copyright law. To the extent that any products created under this contract are not works for hire for the Department, the Contractor hereby relinquishes, transfers, and assigns to the Department all of its rights, title, and interest (including all intellectual property rights) to all such products created under this contract, and will cooperate reasonably with the Department in effectuating and registering any necessary assignments. The Department shall have the right to use such works for hire without restriction and without compensation to the Contractor other than that specifically provided by the contract. The Contractor shall not affix any restrictive markings to such works and if such markings are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore such markings.
Ownership and Rights in Data.
a. In addition to the requirements stated in the Solicitation, the Contractor agrees to furnish the AOC with copies of the following: computations, computer files, data, model(s), transmittal letters, response letters, training materials, and all other documents or correspondence pertinent to the operation of this Purchase Order.
b. The AOC shall be the owner of all materials developed under this Purchase Order and shall be entitled to use, transfer, disclose, and copy them in any manner without restriction and without compensation to the Contractor. Without the AOC’s prior written consent, Contractor may neither use, execute, reproduce, display, perform, distribute (internally or externally), retain copies of, or prepare derivative works based on, these Materials nor authorize others to perform those acts.
c. The Contractor agrees that, at all times during the terms of the Purchase Order and thereafter, all materials developed under the Purchase Order, shall be “works for hire” as that term is interpreted under U.S. copyright law. To the extent that any of these materials are not works for hire for the AOC, the Contractor hereby relinquishes, transfers, and assigns to the AOC all of its rights, title, and interest (including all intellectual property rights) in such materials, and shall cooperate with the AOC in effectuating and registering any necessary assignments.
d. The AOC shall retain full ownership over any materials that the AOC provides to the Contractor under the Purchase Order.
Ownership and Rights in Data. 29.1 In addition to the requirements stated in the RFP, the Contractor agrees to furnish the AOC with copies of the following: computations, computer files, data, model(s), transmittal letters, response letters, training materials, and all other documents or correspondence pertinent to the operation of the System, including for instance, the components and subcomponents of the MDEC Core System, produced or received as part of this Contract and any amendments thereto. In addition, all hardware and software developed, created, modified, or configured (“Developed Materials”) in accordance with the terms of this Contract are, and shall remain, the exclusive property of the AOC. Licenses for all “ commercial off the shelf” software (“COTS software”) shall be provided to the AOC with all rights to use those materials. For all COTS materials delivered to AOC under this Contract, the Contractor shall provide the AOC, at no additional cost, with copies of all end user software licensing agreements in accordance with the OEM”s standard software license and paid-up licenses through the maintenance period.
29.2 The AOC shall be the owner of all Developed Materials and shall be entitled to use, transfer, disclose, and copy them in any manner, without restriction and without compensation to the Contractor. Without AOC’s prior written consent, the Contractor may neither use, execute, reproduce, display, perform, distribute (internally or externally), retain copies of, or prepare derivative works based on, these Materials nor authorize others to perform those acts.
29.3 The Contractor agrees that, at all times during the terms of this Contract and thereafter, all Developed Materials created pursuant to this Contract, including, for instance, materials related to the development, implementation, and operation of the MDEC, shall be “works for hire” as that term is interpreted under U.S. copyright law. To the extent that any of these materials are not works for hire for the AOC, the Contractor hereby relinquishes, transfers, and assigns to the AOC all of its rights, title, and interest (including all intellectual property rights) in such materials, and shall cooperate with the AOC in effectuating and registering any necessary assignments.
29.4 The Judiciary shall retain full ownership over any materials that the Judiciary provides to the Contractor under this Contract.
Ownership and Rights in Data. Any work, product or deliverable report provided to the OWNER as a result of work performed while under contract shall be considered the property of the OWNER and may be used in any fashion the OWNER deems appropriate. The OWNER shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by the CONTRACTOR pursuant to the terms of this Agreement, including but not limited to plans, blueprints, drawings, reports, memoranda or letters concerning the research and reporting tasks of this Agreement.
Ownership and Rights in Data
