Common use of Ownership/Rights in Data Clause in Contracts

Ownership/Rights in Data. Purchaser and Contractor agree that all data and work products (collectively called “work product”) produced pursuant to this Contract shall be considered work made for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and shall be owned by Purchaser. Contractor is hereby commissioned to create the work product. Work product includes, but is not limited to, discoveries, formulas, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such work product. If for any reason the work product would not be considered a work made for hire under applicable law, Contractor assigns and transfers to Purchaser the entire right, title and interest in and to all rights in the work product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. Contractor shall execute all documents and perform such other proper acts as Purchaser may deem necessary to secure for Purchaser the rights pursuant to this section. Contractor shall not use or in any manner disseminate any work product to any third party, or represent in any way Contractor ownership in any work product, without the prior written permission of Purchaser. Contractor shall take all reasonable steps necessary to ensure that its agents, employees, or SubContractors shall not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. Material that is delivered under this Contract, but that does not originate there from (“preexisting material”), shall be transferred to Purchaser with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such preexisting material, and to authorize others to do so except that such license shall be limited to the extent to which Contractor has a right to grant such a license. Contractor shall exert all reasonable effort to advise Purchaser at the time of delivery of preexisting material furnished under this Contract, of all known or potential infringements of publicity, privacy or of intellectual property contained therein and of any portion of such document which was not produced in the performance of this Contract. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of preexisting material. Purchaser shall receive prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any preexisting material delivered under this Contract. Purchaser shall have the right to modify or remove any restrictive markings placed upon the preexisting material by Contractor.

Ownership/Rights in Data. 11.1. Purchaser and Contractor Vendor agree that all data and work products (collectively called “work productWork Product”) produced pursuant to this Contract expressly for Purchaser shall be considered work made for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and shall be owned by PurchaserPurchaser provided that Purchaser has paid for such Work Product. Contractor Vendor is hereby commissioned to create the work productWork Product. Work product Product includes, but is not limited to, discoveries, formulasformulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, softwareSoftware, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such work productWork Product. 11.2. If for any reason the work product Work Product would not be considered a work made for hire under applicable law, Contractor Vendor assigns and transfers to Purchaser the entire right, title and interest in and to all rights in the work product Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 11.3. Contractor shall Vendor shall, at Purchaser’s expense, execute all documents and perform such other proper acts as Purchaser may reasonably deem necessary to secure for Purchaser the rights pursuant to this section. 11.4. Contractor Vendor shall not use or in any manner disseminate any work product Work Product to any third party, or represent in any way Contractor Vendor ownership in any work productWork Product, without the prior written permission of Purchaser. Contractor Vendor shall take all commercially reasonable steps necessary to ensure require that its agents, employees, or SubContractors Subcontractors shall not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. 11.5. Material Purchaser acknowledges and agrees that any and all rights, title and interest in, to and associated with material that is delivered under this Contract, but that does not originate there from therefrom (“preexisting materialPreexisting Material”), are and shall remain the property and be transferred owned by the Vendor or any identified third party and the Purchaser shall have no rights in such Preexisting Material other than as set out in this section 11.5. The Vendor shall grant to Purchaser with a nonexclusivelimited, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such preexisting materialPreexisting Material for its internal business purposes, and to authorize others to do so except that such license shall be limited to the extent to which Contractor Vendor has a right to grant such a license. Contractor Vendor shall exert all commercially reasonable effort to advise Purchaser at the time of delivery of preexisting material Preexisting Material furnished under this Contract, of all known or potential infringements of publicity, privacy or of intellectual property contained containgged therein and of any portion of such document which was not produced in the performance of this Contract. Contractor Vendor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of preexisting materialPreexisting Material. Purchaser shall receive prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor Vendor with respect to any preexisting material Preexisting Material delivered under this Contract. 11.6. Purchaser shall have Notwithstanding any other provision of this Contract, Vendor may use and license without restriction any ideas, techniques, methods or processes (whether patentable or not) of general application that Vendor develops, acquires or learns in the right to modify or remove any restrictive markings placed upon performance of the preexisting material by ContractorServices and the delivery of the Work Product hereunder.

Ownership/Rights in Data. 12.1. Purchaser and Contractor Vendor agree that all data and work products (collectively called “work productWork Product”) produced pursuant to this Contract shall be considered work made for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and shall be owned by Purchaser. Contractor Vendor is hereby commissioned to create the work productWork Product. Work product Product includes, but is not limited to, discoveries, formulasformulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, softwareSoftware, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such work productWork Product. 12.2. If for any reason the work product Work Product would not be considered a work made for hire under applicable law, Contractor Vendor assigns and transfers to Purchaser the entire right, title and interest in and to all rights in the work product Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 12.3. Contractor Vendor shall execute all documents and perform such other proper acts as Purchaser may deem necessary to secure for Purchaser the rights pursuant to this section. 12.4. Contractor Vendor shall not use or in any manner disseminate any work product Work Product to any third party, or represent in any way Contractor Vendor ownership in any work productWork Product, without the prior written permission of Purchaser. Contractor Vendor shall take all reasonable steps necessary to ensure that its agents, employees, or SubContractors Subcontractors shall not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. 12.5. Material that is delivered under this Contract, but that does not originate there from therefrom (“preexisting materialPreexisting Material”), shall be transferred to Purchaser with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such preexisting material, and to authorize others to do so except that such license shall be limited to the extent to which Contractor has a right to grant such a license. Contractor shall exert all reasonable effort to advise Purchaser at the time of delivery of preexisting material furnished under this Contract, of all known or potential infringements of publicity, privacy or of intellectual property contained therein and of any portion of such document which was not produced in the performance of this Contract. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of preexisting material. Purchaser shall receive prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any preexisting material delivered under this Contract. Purchaser shall have the right to modify or remove any restrictive markings placed upon the preexisting material by Contractor.royalty-

Ownership/Rights in Data. Purchaser and Contractor agree that all data and work products Products (collectively called “work productProduct”) produced pursuant to this Contract shall be considered work made for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and shall be owned by Purchaser. Contractor is hereby commissioned to create the work productProduct. Work product Product includes, but is not limited to, discoveries, formulas, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such work productProduct. If for any reason the work product Product would not be considered a work made for hire under applicable law, Contractor assigns and transfers to Purchaser the entire right, title and interest in and to all rights in the work product Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. Contractor shall execute all documents and perform such other proper acts as Purchaser may deem necessary to secure for Purchaser the rights pursuant to this section. Contractor shall not use or in any manner disseminate any work product Product to any third party, or represent in any way Contractor ownership in any work productProduct, without the prior written permission of Purchaser. Contractor shall take all reasonable steps necessary to ensure that its agents, employees, or SubContractors Subcontractors shall not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. Material that is delivered under this Contract, but that does not originate there from (“preexisting material”), shall be transferred to Purchaser with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such preexisting material, and to authorize others to do so except that such license shall be limited to the extent to which Contractor has a right to grant such a license. Contractor shall exert all reasonable effort to advise Purchaser at the time of delivery of preexisting material furnished under this Contract, of all known or potential infringements of publicity, privacy or of intellectual property contained therein and of any portion of such document which was not produced in the performance of this Contract. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of preexisting material. Purchaser shall receive prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any preexisting material delivered under this Contract. Purchaser shall have the right to modify or remove any restrictive markings placed upon the preexisting material by Contractor.

Ownership/Rights in Data. Purchaser 12.1. WSDOT and Contractor Vendor agree that all data and work products (collectively called “work productWork Product”) produced pursuant to this Contract shall be considered work made for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and shall be owned by PurchaserWSDOT. Contractor Vendor is hereby commissioned to create the work productWork Product. Work product Product includes, but is not limited to, discoveries, formulasformulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, softwareSoftware, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such work productWork Product. 12.2. If for any reason the work product Work Product would not be considered a work made for hire under applicable law, Contractor Vendor assigns and transfers to Purchaser WSDOT the entire right, title and interest in and to all rights in the work product Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 12.3. Contractor Vendor shall execute all documents and perform such other proper acts as Purchaser WSDOT may deem necessary to secure for Purchaser WSDOT the rights pursuant to this section. 12.4. Contractor Vendor shall not use or in any manner disseminate any work product Work Product to any third party, or represent in any way Contractor Vendor ownership in any work productWork Product, without the prior written permission of PurchaserWSDOT. Contractor Vendor shall take all reasonable steps necessary to ensure that its agents, employees, or SubContractors Subcontractors shall not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. 12.5. Material that is delivered under this Contract, but that does not originate there from therefrom (“preexisting materialPreexisting Material”), shall be transferred to Purchaser WSDOT with a nonexclusive, royalty-royalty- free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such preexisting materialPreexisting Material, and to authorize others to do so except that such license shall be limited to the extent to which Contractor Vendor has a right to grant such a license. Contractor Vendor shall exert all reasonable effort to advise Purchaser WSDOT at the time of delivery of preexisting material Preexisting Material furnished under this Contract, of all known or potential infringements of publicity, privacy or of intellectual property contained therein and of any portion of such document which was not produced in the performance of this Contract. Contractor Vendor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of preexisting materialPreexisting Material. Purchaser WSDOT shall receive prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor Vendor with respect to any preexisting material Preexisting Material delivered under this Contract. Purchaser WSDOT shall have the right to modify or remove any restrictive markings placed upon the preexisting material Preexisting Material by ContractorVendor.

Ownership/Rights in Data. Purchaser 13.1. WSDOT and Contractor Vendor agree that all data and work products (collectively called “work productWork Product”) produced pursuant to this Contract shall be considered work made for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and shall be owned by PurchaserWSDOT. Contractor Vendor is hereby commissioned to create the work productWork Product. Work product includesProduct incluWSDOT, but is not limited to, discoveries, formulasformulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designsWSDOTigns, plans, diagrams, drawings, softwareSoftware, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes incluWSDOT the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such work productWork Product. 13.2. If for any reason the work product Work Product would not be considered a work made for hire under applicable law, Contractor Vendor assigns and transfers to Purchaser WSDOT the entire right, title and interest in and to all rights in the work product Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 13.3. Contractor Vendor shall execute all documents and perform such other proper acts as Purchaser WSDOT may deem necessary to secure for Purchaser WSDOT the rights pursuant to this section. 13.4. Contractor Vendor shall not use or in any manner disseminate any work product Work Product to any third party, or represent in any way Contractor Vendor ownership in any work productWork Product, without the prior written permission of PurchaserWSDOT. Contractor Vendor shall take all reasonable steps necessary to ensure that its agents, employees, or SubContractors SubVendors shall not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. 13.5. Material that is delivered under this Contract, but that does not originate there from therefrom (“preexisting materialPreexisting Material”), shall be transferred to Purchaser WSDOT with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such preexisting materialPreexisting Material, and to authorize others to do so except that such license shall be limited to the extent to which Contractor Vendor has a right to grant such a license. Contractor Vendor shall exert all reasonable effort to advise Purchaser WSDOT at the time of delivery of preexisting material Preexisting Material furnished under this Contract, of all known or potential infringements of publicity, privacy or of intellectual property contained therein and of any portion of such document which was not produced in the performance of this Contract. Contractor Vendor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of preexisting materialPreexisting Material. Purchaser WSDOT shall receive prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor Vendor with respect to any preexisting material Preexisting Material delivered under this Contract. Purchaser WSDOT shall have the right to modify or remove any restrictive markings placed upon the preexisting material Preexisting Material by ContractorVendor.