Common use of Rights to Records Clause in Contracts

Rights to Records. 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 for purposes of this Contract shall be the sole property of the County and shall be available to the County at any time. The County shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. In no event shall Contractor be precluded from developing for itself, or for others, materials which are competitive with the Deliverables, irrespective of their similarity to the Deliverables. 5.2 The Contractor agrees that 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 County, the Contractor hereby relinquishes, transfers, and assigns to the County 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 County in effectuating and registering any necessary assignments. 5.3 Upon final payment, the County shall have a perpetual, nontransferable, non-exclusive paid-up right and license to use, copy, modify and prepare derivative works of all materials in which Contractor retains title, whether individually by Contractor or jointly with the County. Any and all source code developed in connection with the services provided will be provided to the County, and the aforementioned right and license shall apply to source code. 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 Contract. 5.5 The Contractor shall not affix any restrictive markings upon any data, documentation, or other materials provided to the County hereunder and if such markings are affixed, the County shall have the right at any time to modify, remove, obliterate, or ignore such warnings.

Rights to Records. 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 for purposes of this Contract shall be the sole property of the County and shall be available to the County at any time. The County shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. In no event shall Contractor be precluded from developing for itself, or for others, materials which are competitive with the Deliverables, irrespective of their similarity to the Deliverables. 5.2 The Contractor agrees that 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 County, the Contractor hereby relinquishes, transfers, and assigns to the County 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 County in effectuating and registering any necessary assignments. 5.3 Upon final payment, the County shall have a perpetual, nontransferable, non-non- exclusive paid-up right and license to use, copy, modify and prepare derivative works of all materials in which Contractor retains title, whether individually by Contractor or jointly with the County. Any and all source code developed in connection with the services provided will be provided to the County, and the aforementioned right and license shall apply to source code. 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 Contract. 5.5 The Contractor shall not affix any restrictive markings upon any data, documentation, or other materials provided to the County hereunder and if such markings are affixed, the County shall have the right at any time to modify, remove, obliterate, or ignore such warnings.