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r <br />Page: 17 <br />v. "Asian-Indian Americans", which includes persons whose origins are from India, Pakistan, <br />and Bangladesh. <br />Patents, Data and Copyright - <br />eneral. If any invention, improvement, or discovery of the Recipient or any of its third <br />party contractors is conceived or first actually reduced to practice in the course of or under the <br />Project, and that invention, improvement, or discovery is patentable under the laws of the United <br />States of America or any foreign country, the Recipient agrees to notify FTA immediately and <br />provide a detailed report. <br />Federal Rights. Unless the Federal Government later makes a contrary determination in <br />writing, the rights and responsibilities of the Recipient, third party contractor, subrecipient and <br />the Federal Government pertaining to that invention, improvement, or discovery will be <br />determined in accordance with applicable Federal laws, regulations, including any waiver <br />thereof. Unless the Federal Government later makes a contrary determination in writing, the <br />Recipient agrees that, irrespective of its status or the status of any subrecipient or any third party <br />contractor at any tier (i.e., a large business, small business, state government or state <br />instrumentality, local government, nonprofit organization, institution of higher education, <br />individual, etc.), the Recipient agrees it will transmit to FTA those rights due the Federal <br />Government in any invention resulting from that third party contract described in U.S. <br />Department of Commerce Regulations, "Rights to Grants, Contracts and Cooperative <br />Agreements." 37 C.F.R. Part 401. <br />pefinition. T'he term "subject data" used in this section means records information, <br />whether or not copyrighted, that is delivered or specified to be delivered under the Grant <br />Agreement or Cooperative Agreement. Examples include, but are not limited to: computer <br />software, standards, specifications, engineering drawings and associated lists, process sheets, <br />manuals, technical reports, catalog item identifications, and related information. The term <br />"subject data" does not include financial reports, cost analyses, and similar information used for <br />Project administratiot~. <br />Federal Restrictions. The following restrictions apply to all data first 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 <br />form, nor may the Recipient authorize 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 <br />the release of such data to the public. <br />Federal R~hts in Data and Co~ iyr~ ~hts. In accordance with 49 C.F.R. § 18.34 and 49 <br />C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and inevocable <br />license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal <br />Government purposes the "subject data" described in the following subsections of this <br />Agreement. As used in the previous sentence, "for Federal Government purposes," means use <br />only for the direct purposes of the Federal Government. Without the copyright owner's consent, <br />the Federal Government may not extend its Federal license to other parties. <br />Any subject data developed under the Grant Agreement or Cooperative <br />Agseement, or under a third party contract or subagreement financed by the Grant <br />