Common use of Rights in Data and Copyrights Clause in Contracts

Rights in Data and Copyrights. a. The term "subject data" used in this section means recorded information, whether or not copyrighted, that is developed, delivered, or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to Project administration. b. The following restrictions apply to all subject data first produced in the performance of this Agreement: 1) Except for its own internal use, the Grantee may not publish or reproduce such data in whole or in part, or in any manner or form, nor may the Grantee authorize others to do so, without the written consent of FRA, until such time as FRA may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to grant agreements with academic institutions. 2) As authorized by 49 C.F.R. § 18.34, or 49 C.F.R. § 19.36, as applicable, FRA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: a) Any work developed under a grant, cooperative agreement, sub-grant, sub- agreement, or third party contract, irrespective of whether or not a copyright has been obtained; and b) Any rights of copyright to which a Grantee, subgrantee, or a third party contractor purchases ownership with Federal assistance. c. When FRA provides assistance to a Grantee for a Project involving planning, research, or development, it is generally FRA's intent to increase the body of knowledge, rather than to limit the benefits of the Project to those parties that have participated therein. Therefore, unless FRA determines otherwise, the Grantee understands and agrees that, in addition to the rights set forth in preceding portions of this section of this Agreement, FRA may make available to any FRA Grantee, subgrantee, third party contractor, or third party subcontractor, either FRA's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. In the event that such a Project which is the subject of this Agreement is not completed, for any reason whatsoever, all data developed under that Project shall become subject data as defined herein and shall be delivered as FRA may direct. d. To the extent permitted by State law, the Grantee agrees to indemnify, save and hold harmless FRA, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Grantee shall not be required to indemnify FRA for any such liability arising out of the wrongful acts of employees or agents of FRA. e. Nothing contained in this section on rights in data, shall imply a license to FRA under any patent or be construed as affecting the scope of any license or other right otherwise granted to FRA under any patent. f. The requirements of this section of this Agreement do not apply to material furnished to the Grantee by FRA and incorporated in the work carried out under this Agreement, provided that such incorporated material is identified by the Grantee at the time of delivery of such work. g. Unless FRA determines otherwise, the Grantee agrees to include the requirements of this section of this Agreement in its third party contracts for planning, research, development, or demonstration under the Project.

Rights in Data and Copyrights. a. The term "subject data" used in this section means recorded information, whether or not copyrighted, that is developed, delivered, or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to Project administration. b. The following restrictions apply to all subject data first produced in the performance of this Agreement: (1) Except for its own internal use, the Grantee may not publish or reproduce such data in whole or in part, or in any manner or form, nor may the Grantee authorize others to do so, without the written consent of FRA, until such time as FRA may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to grant agreements with academic institutions. (2) As authorized by 49 C.F.R. § 18.34, or 49 C.F.R. § 19.36, as applicable, FRA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) Any work developed under a grant, cooperative agreement, sub-grant, sub- sub-agreement, or third party contract, irrespective of whether or not a copyright has been obtained; and (b) Any rights of copyright to which a Grantee, subgrantee, or a third party contractor purchases ownership with Federal assistance. c. When FRA provides assistance to a Grantee for a Project involving planning, research, or development, it is generally FRA's intent to increase the body of knowledge, rather than to limit the benefits of the Project to those parties that have participated therein. Therefore, unless FRA determines otherwise, the Grantee understands and agrees that, in addition to the rights set forth in preceding portions of this section of this Agreement, FRA may make available to any FRA Grantee, subgrantee, third party contractor, or third party subcontractor, either FRA's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. In the event that such a Project which is the subject of this Agreement is not completed, for any reason whatsoever, all data developed under that Project shall become subject data as defined herein and shall be delivered as FRA may direct. d. To the extent permitted Unless prohibited by State law, the Grantee agrees to indemnify, save and hold harmless FRA, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Grantee shall not be required to indemnify FRA for any such liability arising out of the wrongful acts of employees or agents of FRA. e. Nothing contained in this section on rights in data, shall imply a license to FRA under any patent or be construed as affecting the scope of any license or other right otherwise granted to FRA under any patent. f. The requirements of this section of this Agreement do not apply to material furnished to the Grantee by FRA and incorporated in the work carried out under this Agreement, provided that such incorporated material is identified by the Grantee at the time of delivery of such work. g. Unless FRA determines otherwise, the Grantee agrees to include the requirements of this section of this Agreement in its third party contracts for planning, research, development, or demonstration under the Project.

Rights in Data and Copyrights. a. In accordance with 49 C.F.R. Section 18.34 and 49 C.F.R. Section 19.36, the Federal Government reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and authorizes others to use, for Federal Government purposes "subject data" that is financed by the Contract; or any right of copyright to which SacRT or CONTRACTOR purchases ownership as part of the Contract with federal funds. A. The term "subject data" as used in this section herein means recorded information, whether or not copyrighted, that is developed, delivered, delivered or specified to be delivered under this AgreementContract. The term "subject data" includes graphic any work developed under this Contract, irrespective of whether or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printoutsnot a copyright has been obtained; and information retained in computer memoryany rights of copyright to which CONTRACTOR or SacRT purchases ownership with Federal funding assistance. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to Project administrationadministration of the Contract. b. B. The following restrictions apply to all "subject data data" first produced in the performance of this AgreementContract: 1) . Except for its own internal use, the Grantee SacRT and CONTRACTOR may not publish or reproduce such the subject data in whole or in part, or in any manner or form, nor may the Grantee SacRT or CONTRACTOR authorize others to do so, without the written consent of FRA, the Federal Government and until such time as FRA the Federal Government may have either released or approved the release of such the data to the public; this . This restriction on publication, however, does not apply to grant agreements contracts with academic institutionsinstitutions of higher learning. 2) . As authorized by 49 C.F.R. § 18.34, or Section 18.34 and 49 C.F.R. § C.F.R Section 19.36, as applicable, FRA the Federal Government reserves a royalty-free, non-exclusive nonexclusive and irrevocable license to reproduce, publish publish, or otherwise use, and to authorize others to use, the subject data for Federal Government purposes: a) Any work developed under a grant, cooperative agreement, sub-grant, sub- agreement, or third party contract, irrespective . "For Federal Government purposes" means use only for the direct purposes of whether or not a copyright has been obtained; and b) Any rights of copyright to which a Grantee, subgrantee, or a third party contractor purchases ownership with the Federal assistanceGovernment. c. When FRA provides assistance to a Grantee C. If the Contract is for a Project involving planning, research, development or developmenta demonstration project, it is generally FRA's intent to increase the body of knowledge, rather than to limit the benefits of the Project to those parties that have participated therein. Therefore, unless FRA determines otherwise, the Grantee understands and CONTRACTOR agrees that, in addition to the rights in data and copyrights set forth in preceding portions of this section of this Agreementherein, FRA the Federal Government may make available to any FRA Granteerecipient or subrecipient of FTA funds, subgrantee, or to any third party contractor, contractor or third party subcontractor, subcontractor either FRA's the Federal Government’s license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. In the event that such a Project which is the subject of this Agreement Contract is not completed, for any reason whatsoever, all data developed under that Project shall the Contract will become subject data as defined herein in this Section and shall will be delivered as FRA the Federal Government may direct. This provision does not apply to adaptations of automatic data processing equipment or programs for SacRT's use that are capital projects. d. To D. If the extent permitted by State lawdata developed under the terms of this contract is subject either directly or indirectly to U.S. Export Control regulations, CONTRACTOR must not export the Grantee agrees data to indemnifyany countries or any foreign persons, save without first obtaining the necessary Federal license or licenses and hold harmless FRA, its officers, agents, and employees acting within the scope of their official duties against complying with any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Grantee shall not be required to indemnify FRA for any such liability arising out of the wrongful acts of employees or agents of FRAapplicable U.S. Export Control regulations. e. E. Nothing contained in this section on rights in data, shall herein will imply a license to FRA the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to FRA the Federal Government under any patent. f. F. The requirements of this section of this Agreement Section do not apply to material furnished to the Grantee by FRA XxxXX and incorporated in into the work carried out under this Agreement, the Contract provided that such XxxXX identifies the incorporated material is identified by the Grantee at the time of delivery of such the work. g. Unless FRA determines otherwise, the Grantee agrees to include the requirements of this section of this Agreement in its third party contracts for planning, research, development, or demonstration under the Project.

Rights in Data and Copyrights. a. The following requirements apply to each contract involving experimental, developmental or research work: A. The term "subject data" as used in this section herein means recorded information, whether or not copyrighted, that is developed, delivered, delivered or specified to be delivered under this AgreementContract. The term "subject data" includes graphic any work developed under this Contract, irrespective of whether or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printoutsnot a copyright has been obtained; and information retained in computer memoryany rights of copyright to which the CONTRACTOR or SacRT purchases ownership with Federal funding assistance. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to Project administrationadministration of the Contract. b. B. The following restrictions apply to all "subject data data" first produced in the performance of this AgreementContract: 1) . Except for its own internal use, SacRT and the Grantee CONTRACTOR may not publish or reproduce such the subject data in whole or in part, or in any manner or form, nor may the Grantee SacRT or CONTRACTOR authorize others to do so, without the written consent of FRA, the Federal Government and until such time as FRA the Federal Government may have either released or approved the release of such the data to the public; this . This restriction on publication, however, does not apply to grant agreements contracts with academic institutionsinstitutions of higher learning. 2) . As authorized by 49 C.F.R. § 18.34, or Section 18.34 and 49 C.F.R. § C.F.R Section 19.36, as applicable, FRA the Federal Government reserves a royalty-free, non-exclusive nonexclusive and irrevocable license to reproduce, publish publish, or otherwise use, and to authorize others to use, the subject data for Federal Government purposes: a) Any work developed under a grant, cooperative agreement, sub-grant, sub- agreement, or third party contract, irrespective . "For Federal Government purposes" means use only for the direct purposes of whether or not a copyright has been obtained; and b) Any rights of copyright to which a Grantee, subgrantee, or a third party contractor purchases ownership with the Federal assistanceGovernment. c. When FRA provides assistance to a Grantee C. If the Contract is for a Project involving planning, research, development or developmenta demonstration project, it is generally FRA's intent to increase the body of knowledge, rather than to limit the benefits of the Project to those parties that have participated therein. Therefore, unless FRA determines otherwise, the Grantee understands and CONTRACTOR agrees that, in addition to the rights in data and copyrights set forth in preceding portions of this section of this Agreementherein, FRA the Federal Government may make available to any FRA Granteerecipient or subrecipient of FTA funds, subgrantee, or to any third party contractor, contractor or third party subcontractor, subcontractor either FRA's the Federal Government’s license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. In the event that such a Project which is the subject of this Agreement Contract is not completed, for any reason whatsoever, all data developed under that Project shall the Contract will become subject data as defined herein in this Section and shall will be delivered as FRA the Federal Government may direct. This provision does not apply to adaptations of automatic data processing equipment or programs for SacRT's use that are capital projects. d. To D. If the extent permitted by State lawdata developed under the terms of this contract is subject either directly or indirectly to U.S. Export Control regulations, CONTRACTOR must not export the Grantee agrees data to indemnifyany countries or any foreign persons, save without first obtaining the necessary Federal license or licenses and hold harmless FRA, its officers, agents, and employees acting within the scope of their official duties against complying with any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Grantee shall not be required to indemnify FRA for any such liability arising out of the wrongful acts of employees or agents of FRAapplicable U.S. Export Control regulations. e. E. Nothing contained in this section on rights in data, shall herein will imply a license to FRA the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to FRA the Federal Government under any patent. f. F. The requirements of this section of this Agreement Section do not apply to material furnished to the Grantee by FRA XxxXX and incorporated in into the work carried out under this Agreement, the Contract provided that such XxxXX identifies the incorporated material is identified by the Grantee at the time of delivery of such the work. g. Unless FRA determines otherwise, the Grantee agrees to include the requirements of this section of this Agreement in its third party contracts for planning, research, development, or demonstration under the Project.

Rights in Data and Copyrights. a. 1. The term "subject data" used in this section means recorded information, whether or not copyrighted, that is developed, delivered, or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to Project administration. b. 2. The following restrictions apply to all subject data first produced in the performance of this Agreement: 1a) Except for its own internal use, the Grantee MSDC may not publish or reproduce such data in whole or in part, or in any manner or form, nor may the Grantee MSDC authorize others to do so, without the written consent of FRA, until such time as FRA may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to grant agreements with academic institutions. 2b) As authorized by 49 C.F.R. § 18.34, or 49 C.F.R. § 19.36, as applicable, FRA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: a) i. Any work developed under a grant, cooperative agreement, sub-grant, sub- agreement, or third party contract, irrespective of whether or not a copyright has been obtained; and b) ii. Any rights of copyright to which a Grantee, subgrantee, or a third party contractor purchases ownership with Federal assistance. c. c) When FRA provides assistance to a Grantee MSDC for a Project involving planning, research, or development, it is generally FRA's intent to increase the body of knowledge, rather than to limit the benefits of the Project to those parties that have participated therein. Therefore, unless FRA determines otherwise, the Grantee MSDC understands and agrees that, in addition to the rights set forth in preceding portions of this section of this Agreement, FRA may make available to any FRA Grantee, subgranteeSubgrantee, third party contractor, or third party subcontractor, either FRA's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. In the event that such a Project which is the subject of this Agreement is not completed, for any reason whatsoever, all data developed under that Project shall become subject data as defined herein and shall be delivered as FRA may direct. d. To the extent permitted d) Unless prohibited by State law, the Grantee MSDC agrees to indemnify, save and hold harmless FRA, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee MSDC of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Grantee MSDC shall not be required to indemnify FRA for any such liability arising out of the wrongful acts of employees or agents of FRA. e. e) Nothing contained in this section on rights in data, shall imply a license to FRA under any patent or be construed as affecting the scope of any license or other right otherwise granted to FRA under any patent. f. f) The requirements of this section of this Agreement do not apply to material furnished to the Grantee MSDC by FRA and incorporated in the work carried out under this Agreement, provided that such incorporated material is identified by the Grantee MSDC at the time of delivery of such work. g. g) Unless FRA determines otherwise, the Grantee MSDC agrees to include the requirements of this section of this Agreement in its third party contracts for planning, research, development, or demonstration under the Project.