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CITY shall have an unencumbered right, and a non-exclusive, irrevocable, <br />royalty- free license, to use, manufacture, improve upon, and allow others to <br />do so for all government purposes, any Invention developed under this <br />Agreement. <br />C. Copyright Policy <br />Unless otherwise provided by the terms of the Grantor or of this <br />Agreement, when copyrightable material ("Material") is developed <br />under this Agreement, the author or the CITY, at the CITY'S <br />discretion, may copyright the Material. If the CITY declines to <br />copyright the Material, the CITY shall have an unencumbered right, <br />and a non-exclusive, irrevocable, royalty- free license, to use, <br />manufacture, improve upon, and allow others to do so for all <br />government purposes, any Material developed under this Agreement. <br />The Grantor shall have an unencumbered right, and a non-exclusive, <br />irrevocable, royalty -free license, to use, manufacture, improve upon, <br />and allow others to do so for all government purposes, any Material <br />developed under this Agreement or any Copyright purchased under <br />this Agreement. <br />3. SUB -RECIPIENT shall comply with all applicable requirements in the <br />Code of Federal Regulations related to copyrights and copyright <br />policy. <br />D. Rights to Data <br />The Grantor and the CITY shall have unlimited rights or copyright license to any <br />data first produced or delivered under this Agreement. "Unlimited rights" means <br />the right to use, disclose, reproduce, prepare derivative works, distribute copies <br />to the public, and perform and display publicly, or permit others to do so; as <br />required by 48 CFR 27.401. Where the data are not first produced under this <br />Agreement or are published copyrighted data with the notice of 17 U.S.C. <br />Section 401 or 402, the Grantor acquires the data under a copyright license as <br />set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)). <br />E. Obligations Binding on Subcontractors <br />SUB -RECIPIENT shall require all subcontractors to comply with the obligations <br />of this section by incorporating the terms of this section into all subcontracts. <br />F. Patents and Intellectual Property Rights <br />Unless otherwise provided by law, SUB -RECIPIENT is subject to the Bayh-Dole <br />Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. <br />SUB -RECIPIENT is subject to the specific requirements governing the <br />development, reporting, and disposition of rights to inventions and patents <br />resulting from financial assistance awards located at 37 C.F.R. Part 401 and <br />25 <br />