|
~ederal Restrictions. The following restrictions apply to all data ~rst produced in the
<br />performance of the Grant Agreement or Cooperative Agreement: Except for its own use, the
<br />Recipient may not publish or reproduce subject data in whole or in part, or in any. manner or form,
<br />nor may the Recipient authonze others to do so, without the written consent of the Federal
<br />Government, until such time as the Federal Government may have either released or approved the
<br />release of such data to the public.
<br />~~
<br />Federal Ri~hts in Data and Cop~h~c, In accordance with 49 C.F.R. § 18.34 and 49 C.F.R.
<br />§ 19.36, the Federal Government reserves a royalty-free, non-exclusive and 'urevocab~e license to
<br />reproduce, publish, or otherwise use, and to authorize others to use, for Federal Govemment purposes
<br />the "subject data" described in the following subsections of this Agreement. As used in the previous
<br />sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal
<br />Government. Without the copyright owner's consent, the Federal Govemment may not extend its
<br />Federal license to other parties.
<br />Any subject data developed under the Grant Agreement or Cooperative Agreement,
<br />or under a third party contract or subagreement financed by the Grant Agreement ~~
<br />Cooperadve Agreement, whether or not a copyright has been obtained; and
<br />Any rights of copyright to which a Recipient, subrecipient, or a third party contractor
<br />purchases ownership with Federal assistance. -
<br />L,
<br />~
<br />t:
<br />i.
<br />~ i;
<br />LJ
<br />r
<br />f
<br />~~
<br />Y
<br />~
<br />1`
<br /><,Y
<br />S
<br />.~
<br />~
<br />~
<br />":
<br />~pecial Federal ights for Plan_ning Re~-~*rh and Developme jectS. FTA's purpose in
<br />providing financial assistance for a planning, research, development, or a demonstration Project, is to
<br />mciease transportation knowledge, rather than limit the benefits of the Project to participants in the
<br />Project. Therefore, unless FTA determines otherwise, the Recipient of FTA fmancial assistance to
<br />support a planning, research, development, or a demonstration Project agrees that, in addition to the
<br />rights in data and copyrights described in this Agreement, FTA may make available to any FTA
<br />recipient, subrecipient, third party contiactor, or third party subcontractor, either FTA's license in the
<br />copyright to the subject data or a copy of the subject data. If the Project, which is the subject of the
<br />Grant Agreement or Cooperative Agreement, is not completed for any reason whatscever, all data
<br />developed under that Project shall become subject data as defined in this Agreement and shall be
<br />delivered as the Federal Government may direct. This paragraph of this Agreement, however, does
<br />not apply to adap~tions of automatic data processing equipment or prograins for the Recipient's use
<br />whose costs aze financed with Fe~eral transportation funds for capital projects.
<br />Hold Hazmless. Unless prolubited by state law, upon request by the Federal Government, the
<br />Recipient agrees to indemnify, save, and hold harmless the Federal Govemment and its officers,
<br />agents, and employees acting within the scope of their official duties against any liability, including
<br />costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary
<br />rights, copynghts, or right of privacy, arising out of the publication, translation, reproduction,
<br />delivery, use, or disposition of any data furnished under the Project. The Recipient shall not be
<br />required to indemnify the Federal Government for any such liability caused by the wrongful acts of
<br />employees or agents of the Federal Government..
<br />Restrictions on Accesc rn PatPr,r Ri .hrc, Nothing contained in this section on rights in data
<br />shall imply a license to the Federal Govemment under any patent or be construed as affecting the
<br />scope of any license or other right otherwise granted to the Federal Government under any patent.
<br />Interest of Congress - No member of, or delegate to, the Congress of the United States shall be
<br />admitted to any shaze or port of this Contract or to any benefit arising therefrom. 41 U.S.C. 22.
<br />Addendum, FTA Contract Requirements
<br />Page - 6
<br />1008981030
<br />
|