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<br />seek protection on the Invention. The Grantor shall determine how the rights in
<br />the Invention, including rights under any patent issued thereon, will be
<br />allocated and administered in order to protect the public interest consistent
<br />with the policy ("Policy") embodied in the Federal Acquisition Regulations
<br />System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et seq. (Pub.
<br />L. 95-517, Pub. L. 98-620, 37 CFR part 401); Presidential Memorandum on
<br />Government Patent Policy to the Heads of the Executive Departments and
<br />Agencies, dated 2/18/1983); and Executive Order 12591,
<br />4/10/87,52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by
<br />Executive Order 12618, 12/22/87, 52 FR 48661,3 CFR, 1987 Comp., p.
<br />262). SUB-RECIPIENT hereby agrees to be bound by the Policy, and will
<br />contractually require its personnel to be bound by the Policy.
<br />
<br />B. Riqhts to Use Inventions
<br />
<br />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 />
<br />C. CODvriqht Policv
<br />
<br />1. 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 />
<br />2. 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 />
<br />3. SUB-RECIPIENT shall comply with 24 CFR 85.34.
<br />
<br />D. Riqhts to Data
<br />
<br />The Grantor and the CITY shall have unlimited rights or copyright license to
<br />any data first produced or delivered under this Agreement. "Unlimited rights"
<br />means the right to use, disclose, reproduce, prepare derivative works,
<br />distribute copies to the public, and perform and display publicly, or permit
<br />others to do so; as required by 48 CFR 27.401. Where the data are not first
<br />produced under this Agreement or are published copyrighted data with the
<br />notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a
<br />copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited
<br />rights. (48 CFR 27.404(a)).
<br />
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