Common use of Ownership and Rights in Data Clause in Contracts

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 and/or deliverable.