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Salem Area Mass Transit District/Marion County IFB 00-03 25
<br />TAB Services
<br />manuals, technical reports, catalog item identifications, and related informarion. The term
<br />"subject data" does not include financial reports, cost analyses, and similar information used for
<br />Project administration.
<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 />Fed_ rae 1 RiQhts in Data and Cg~vri~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 irrevocable
<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 />Agreement, or under a third party contract or subagreement financed by the Grant
<br />Agreement or Cooperative Agreement, whether or not a copyright has been obtained;
<br />and
<br />Any rights of copyright to which a Recipient, subrecipient, or a third party
<br />contractor purchases ownership with Federal assistance.
<br />~issial Federal Rights for Planning, ItPCaarrh and Develonment Proiects. FTA's
<br />purpose in providing financial assistance for a planning, research, development, or a
<br />demonstration Project, is to increase transportation knowledge, rather than limit the bene~ts of
<br />the Project to participants in the Project. Therefore, unless FTA determines otherwise, the
<br />Recipient of FTA financial assistance to support a planning, research, development, or a
<br />demonstration Project agrees that, in addition to the rights in data and copyrights described in
<br />this Agreement, FTA may make available to any FTA recipient, subrecipient, third party
<br />contractor, or third party subcontractor, either FTA's license in the copyright to the subject data
<br />or a copy of the subject data. If the Project, which is the subject of the Grant Agreement or
<br />Cooperative Agreement, is not completed for any reason whatsoever, all data developed under
<br />that Project shall become subject data as defined in this Agreement and shall be delivered as the
<br />Federal Government may direct. This paragraph of this Agreement, however, does not apply to
<br />adaptations of automatic data processing equipment or programs for the Recipient's use whose
<br />costs are financed with Federal transportation funds for capital projects.
<br />Nc,ld Harmless. Unless prohibited by state law, upon request by the Federal
<br />Government, the Recipient agrees to indemnify, save, and hold harmless the Federal
<br />Government and its officers, agents, and employees acting within the scope of their official
<br />duties against any liability, including costs and expenses, resulting from any willful or
<br />intentional violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising
<br />out of the publication, translation, reproduction, delivery, use, or disposition of any data
<br />furnished under the Project. The Recipient shall not be required to indemnify the Federal
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