Common use of Rights to Records Clause in Contracts

Rights to Records. 6.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations and data prepared by the Contractor solely for purposes of this Contract shall be the sole property of the Department and shall be available to the Department at any time. The Department shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 6.2 Upon the request of the Department, the Contractor shall provide, free of charge, certified copies of all records related to this Contract produced through the use of a time keeping or other record systems owned, developed or utilized by the Contractor. 6.3 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this contract, and services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not “works made for hire” for the Department, the Contractor hereby relinquishes, transfers, and assigns to the State 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 State in effectuating and registering any necessary assignments. 6.4 The Contractor shall report to the Procurement Officer, 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. 6.5 The Contractor shall not affix any restrictive markings upon any data and if such markings are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 6.6 Upon termination of this Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6.7 Nothing in this Section shall abrogate or transfer any intellectual property rights of the Contractor in its proprietary information related to its methodologies, methods of analysis, ideas, know how, methods, techniques, and skills possessed prior to this Contract.

Rights to Records. 6.1 5.1 Nothing in this Section 5 shall be interpreted to apply to medical or pharmacy records, which instead shall be handled in accordance with Section 8. 5.2 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations computations, and data prepared created by the Contractor solely for purposes of this Contract shall be the sole property of the Department State (except for pre-existing intellectual property of Contractor used in any deliverables, which shall continue to be owned by Contractor with a license to the State) and shall be available to the Department State at any time. The Department State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. Notwithstanding the foregoing, and subject to the provisions of Section 8, all medical or pharmacy records generated by Contractor relating to the Infectious Disease and Pharmacy Services provided under this Contract and any pre-existing intellectual property of Contractor used in any deliverables hereunder shall be the sole property of Contractor. Further, the State has no rights with respect to any third-party software licensed or purchased by Contractor to assist it with the management or administration of the services described in this Contract. 6.2 Upon the request of the Department, the Contractor shall provide, free of charge, certified copies of all records related to this Contract produced through the use of a time keeping or other record systems owned, developed or utilized by the Contractor. 6.3 5.3 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this contractContract, and services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not “works made for hire” hire for the DepartmentState, the Contractor hereby relinquishes, transfers, and assigns to the State 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 State in effectuating and registering any necessary assignments. 6.4 5.4 The Contractor shall report to the Procurement OfficerContract Monitor, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreementContract. 6.5 5.5 The Contractor shall not affix any restrictive markings upon any data data, documentation, or other materials provided to the State hereunder and if such markings are affixed, the Department State shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 6.6 Upon 5.6 This Section 5 shall survive expiration or termination of this Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6.7 Nothing in this Section shall abrogate or transfer any intellectual property rights of the Contractor in its proprietary information related to its methodologies, methods of analysis, ideas, know how, methods, techniques, and skills possessed prior to this Contract.

Rights to Records. 6.1 5.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations computations, and data prepared by the Contractor solely for the exclusive purposes of this Contract shall be the sole property of the Department State and shall be available to the Department State at any time. The Department State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 6.2 Upon the request of the Department, the Contractor shall provide, free of charge, certified copies of all records related to this Contract produced through the use of a time keeping or other record systems owned, developed or utilized by the Contractor. 6.3 5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this contractContract, and services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable exclusively under this Contract are not “works made for hire” hire for the DepartmentState, the Contractor hereby relinquishes, transfers, and assigns to the State 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 State in effectuating and registering any necessary assignments. 6.4 5.3 The Contractor shall report to the Procurement OfficerState Project Manager, 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. 6.5 The Contractor shall not affix any restrictive markings upon any data and if such markings are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 6.6 Contract. Upon termination of this the Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6.7 Nothing . In no event shall any language in this Section shall abrogate 5 or transfer any Section 6 be construed to convey an ownership interest in the Contractor’s “Pre-existing Material,” meaning materials, code, methodology, concepts, process, systems, technique, trade or service marks, copyrights, or other intellectual property rights right developed, licensed or otherwise acquired by Contractor or a Third Party, independent of the services to be rendered under this Contract, which include but are not limited to pre-existing proprietary, web-based case management system or the data contained therein, to the State or prevent Contractor from the sale or use of the Pre-existing Material or system to other parties. In the unlikely event that Contractor becomes insolvent or otherwise unable to continue performing the services specified in its proprietary information the RFP, Contractor agrees to (1) place the source code or related intellectual property into escrow for the exclusive benefit of the State, subject to its methodologies(2) a non-transferable license for the State (but excluding any private State-contracted entity) to use the software described in the Technical Proposal, methods for the remainder of analysisthe period of performance specified in Sections 3.1 and 3.2, ideassubject to reasonable and standard conditions recognized in the industry, know howincluding the execution of a separate non-disclosure and licensing agreement. Notwithstanding anything to the contrary in Section 5.1, methods5.2 and 6.1 of this Contract, techniquesthe State’s right to use, duplicate, and skills possessed prior disclose documents, materials, deliverables, information, data, records, or results produced pursuant to this ContractFunctional Area II of the RFP shall not exceed the rights conveyed under the Reseller Master Terms and Conditions and the FCRA Addendum to the Reseller Master Terms and Conditions.

Rights to Records. 6.1 5.1 The Contractor agrees that all documents and materials including, including but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations and data prepared by the Contractor Contractor, solely for purposes of this Contract with the State of Maryland shall be the sole property of the Department and shall be available to the Department at any time. The Department shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 6.2 Upon the request of the Department, the Contractor shall provide, free of charge, certified copies of all records related to this Contract produced through the use of a time keeping or other record systems owned, developed or utilized by the Contractor. 6.3 5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this contractContract, and services Services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not “works made for hire” hire for the Department, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to all such products created under this Contract, and will shall cooperate reasonably with the State in effectuating and registering any necessary assignments. 6.4 5.3 The Contractor shall report to the Procurement Officer, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreementContract. 6.5 5.4 The Contractor shall may not affix any restrictive markings upon any data and if such markings are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 6.6 Upon termination of this Contract5.5 The State shall have the sole and exclusive right to use, the Contractorduplicate, at its own expensedistribute, shall deliver and disclose any equipmentdata, software databases, derived data products, information, documents, records, or other property provided results, in whole or in part, in any manner for any purpose whatsoever, that may be created, collected, manipulated, generated, or purchased by the State to the place designated by the Procurement Officer. 6.7 Nothing in this Section shall abrogate or transfer any intellectual property rights of from the Contractor in its proprietary information related to its methodologiesconnection with this Contract (collectively, methods the “Data”). The Data shall be the sole property of analysis, ideas, know how, methods, techniques, and skills possessed prior to this Contractthe State.

Rights to Records. 6.1 5.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations computations, and data prepared by the Contractor solely for purposes of this Contract shall be the sole property of the Department State and shall be available to the Department State at any time. The Department State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. Nothing in this Article 5 shall abrogate or transfer any intellectual property rights of the Contractor in its proprietary information related to its methodologies, methods of analysis, ideas, know-how, methods, techniques and skills possessed prior to this Contract. 6.2 Upon the request of the Department, the Contractor shall provide, free of charge, certified copies of all records related to this Contract produced through the use of a time keeping or other record systems owned, developed or utilized by the Contractor. 6.3 5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this contractContract, and services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not “works made for hire” hire for the DepartmentState, the Contractor hereby relinquishes, transfers, and assigns to the State 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 State in effectuating and registering any necessary assignments. 6.4 5.3 The Contractor shall report to the Procurement OfficerContract Manager, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreementContract. 6.5 5.4 The Contractor shall not affix any restrictive markings upon any data data, documentation, or other materials provided to the State hereunder and if such markings are affixed, the Department State shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 6.6 5.5 Upon termination of this the Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6.7 Nothing in this Section shall abrogate or transfer any intellectual property rights of the Contractor in its proprietary information related to its methodologies, methods of analysis, ideas, know how, methods, techniques, and skills possessed prior to this Contract.

Rights to Records. 6.1 7.1 The Contractor agrees that all documents and materials includingmaterials, including but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations and data prepared by the Contractor solely for purposes of this Contract shall be the sole property of the Department and shall be available to the Department at any time. The Department shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 6.2 Upon . Contractor’s Information shall not be the request property of the Department. To the extent that Contractor incorporates any of Contractor’s Information into the documents and materials delivered under any Statement of Work, Contractor hereby grants to the Contractor shall provideState a royalty-free, free non-exclusive license to use such Contractor’s Information solely for the State’s use and that of charge, certified copies of all records related to this Contract produced through the use of a time keeping or other record systems owned, developed or utilized by the Contractorits agents. 6.3 7.2 The Contractor agrees that at all times during the term of this Contract and thereafter, the works created as a deliverable under this contract, and services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not “works made for hire” hire for the Department, the Contractor hereby relinquishes, transfers, and assigns to the State 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 State in effectuating and registering any necessary assignments. 6.4 7.3 The Contractor shall report to the Procurement OfficerDepartment, 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. 6.5 7.4 The Contractor shall not affix any restrictive markings upon any data and if such markings are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 6.6 Upon termination of 7.5 Notwithstanding anything to the contrary in this Contract, Contractor shall have the right to retain a copy of all its work papers and administrative records but shall not be entitled to use such documents except for the benefit of the State of Maryland or the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer’s internal record keeping requirements. 6.7 Nothing in this Section shall abrogate or transfer any intellectual property rights of the Contractor in its proprietary information related to its methodologies, methods of analysis, ideas, know how, methods, techniques, and skills possessed prior to this Contract.

Rights to Records. 6.1 5.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations and data prepared by the Contractor solely for purposes of this Contract shall be the sole property of the Department and shall be available to the Department at any time. The Department shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 6.2 5.2 Upon the request of the DepartmentAgency, the Contractor shall provide, free of charge, certified copies of all records related to this Contract produced through the use of a time keeping or other record systems owned, developed or utilized by the Contractor. 6.3 5.3 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this contract, and services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not “works made for hire” for the Department, the Contractor hereby relinquishes, transfers, and assigns to the State 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 State in effectuating and registering any necessary assignments. 6.4 5.4 The Contractor shall report to the Procurement Officer, 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. 6.5 5.5 The Contractor shall not affix any restrictive markings upon any data and if such markings are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 6.6 Upon termination of this Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6.7 Nothing in this Section shall abrogate or transfer any intellectual property rights of the Contractor in its proprietary information related to its methodologies, methods of analysis, ideas, know how, methods, techniques, and skills possessed prior to this Contract.

Rights to Records. 6.1 5.1 The Contractor agrees that all documents and materials includingmaterials, including but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations and data prepared by the Contractor solely for purposes of this Contract shall be the sole property of the Department and shall be available to the Department at any time. The Department shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 6.2 Upon the request of the Department, the Contractor shall provide, free of charge, certified copies of all records related to this Contract produced through the use of a time keeping or other record systems owned, developed or utilized by the Contractor. 6.3 5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, the works created as a deliverable under this contract, and services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not “works made for hire” hire for the Department, the Contractor hereby relinquishes, transfers, and assigns to the State 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 State in effectuating and registering any necessary assignments. 6.4 5.3 The Contractor shall report to the Procurement OfficerDepartment, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreementContract. 6.5 5.4 The Contractor shall not affix any restrictive markings upon any data and if such markings are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 6.6 5.5 Upon termination of this Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6.7 5.6 Nothing in this Section 5 shall abrogate or transfer any intellectual property rights of the Contractor in its proprietary information related to its methodologies, methods of analysis, ideas, know how, methods, techniques, and skills possessed prior to this Contract.

Rights to Records. 6.1 5.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations computations, and data prepared by the Contractor solely for purposes of this Contract PA shall be the sole property of the Department State and shall be available to the Department State at any time. The Department State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this ContractPA. 6.2 Upon the request of the Department, the Contractor shall provide, free of charge, certified copies of all records related to this Contract produced through the use of a time keeping or other record systems owned, developed or utilized by the Contractor. 6.3 5.2 The Contractor agrees that at all times during the term of this Contract PA and thereafter, works created as a deliverable Deliverable under this contractContract (as defined in Section 7.2), and services performed under this Contract PA shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable Deliverable under this Contract PA are not “works made for hire” hire for the DepartmentState, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to all such products created under this ContractPA, and will cooperate reasonably with the State in effectuating and registering any necessary assignments. 6.4 5.3 The Contractor shall report to the Procurement OfficerContract Monitor, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this agreementPA. 6.5 5.4 The Contractor shall not affix any restrictive markings upon any data data, documentation, or other materials provided to the State hereunder and if such markings are affixed, the Department State shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 6.6 5.5 Upon termination or expiration of this Contractthe PA, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6.7 Nothing in this Section shall abrogate or transfer any intellectual property rights of the Contractor in its proprietary information related to its methodologies, methods of analysis, ideas, know how, methods, techniques, and skills possessed prior to this Contract.