BENTLEY SYSTEMS INC. - 2003 - Laserfiche WebLink

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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) INFORMATION TECHNOLOGY GENERAL TERMS AND CONDITIONS d) In no event will either the contractor or the State be liable for consequential damages even if notification has been given as to the possibility of such damages. 4. Rights in Data a) All technical communications and records originated or prepared by the contractor pursuant to this Contract including papers, reports, charts, computer programs, and other documentation, but not including contractor's administrative communications and records relating to this Contract shall be delivered to and shall become the exclusive property of the State and may be copyrighted by the State. b) The ideas, concepts, know -how, or techniques relating to data processing developed during the course of this Contract by the contractor or jointly by the contractor and the State can be used by either party in any way it may deem appropriate. c) All inventions. discoveries, or improvements of the computer programs developed pursuant to this Contract shall be the property of the State. The State agrees to grant a nonexclusive royalty -free license for any such invention, discovery, or improvement to the contractor program or any other such person and further agrees that the contractor or any other such person may sublicense additional persons on the same royalty-free basis. J) This Contract shall not preclude the contractor from developing materials outside this Contract which are competitive. irrespective of their similarib/ to materials that might oe delivered to the State pursuant to this Contract. 5. Protection of Proprietary Software and Other Proprietary Data a) State agrees that all material appropriately marked or identified in writing as proprietary and furnished 'hereunder are provided for State's exclusive use for the purposes of this Contract only. All such proprietary data shall remain the property of the contractor. State agrees to take all reasonable steps to insure that such proprietary data are not disclosed to others, without prior written consent of the contractor, subject to the California Public Records Act. b) The State will insure, prior to disposing of any media, that any licensed materials contained thereon have been erased or otherwise destroyed. c) State agrees that it will take appropriate action by instruction, agreement or otherwise with its emoloyees or other persons permitted access to licensed software and other proprietary data to satisry its obligations under this Contract with respect to use, copying, modification, protection and security of proprietary software and other proprietary data. February 2001 13 o. CMAS Follow -On Contracts for Consultant Services in Feasibility Studies and EDP Acquisition (SAM 5202) No person, firm, or subsidiary thereof who has been awarded a consulting services contract, or a contract which includes a consulting component, may be awarded a contract for the provision of services, delivery of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the consulting services contract. Therefore, any consultant that contracts with a state agency to develop a feasibility study or provide formal recommendations for the acquisition of information technology products or services is precluded from contracting for any work recommended in the feasibility study or the formal recommendation. 7. CMAS Progress Payments /Performance Bonds In accordance with PCC 12112: Any contract for information technology goods or services to be manufactured or performed by the contractor especially for the State and not suitable for sale to others in the ordinary course of the contractor's business may provide, on the terms and conditions that the department deems necessary to protect the State's interests, for progress payments for work performed and costs incurred at the contractor's shop or plant, provided that not less than 10 percent of the contract once is required to be withheld until final delivery and acceptance of the goods or services, and provided further, that the contractor is required to submit a faithful performance bond, acceptable to the department, in a sum not less than one -half of the total amount payable under the contract securing the faithail performance of the contract by the contractor.