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<br /> XXIV. RIGHTS IN DATA
<br /> All documents, program materials, books, manuals, films, reports, fiscal, and other data
<br /> developed by the Agency under any Contract shall be for the common use of the
<br /> Agency, the County, and the entity providing the funds for any Contract, subject to the
<br /> limitations herein or by further agreement of the parties, including the following:
<br /> A. The Agency shall not seek patent rights, or produce inventions, original books,
<br /> manuals, films, or other patentable or copyrighted materials created or developed
<br /> with funds provided by any Contract without the approval of the County. As to the
<br /> latter, the Agency acknowledges the County's rights to ownership and protection of
<br /> the public interest in such intellectual property and to negotiate agreements for
<br /> reasonable royalty fees, administration, and protection of existing and future rights.
<br /> The Agency shall not affix any restrictive markings upon any data produced with
<br /> funds from any Contract, and if such markings are affixed, the County shall have the
<br /> right to modify, remove, or ignore such markings.
<br /> B. The County may duplicate, use, and disclose in any manner and for any purposes
<br /> whatsoever, and have others so do, all data delivered under a Contract. If a
<br /> Contract results in any copyrightable material or inventions, the County and the
<br /> entity providing the funds for that Contract reserve the right to a royalty-free, non-
<br /> exclusive and irrevocable license to reproduce, publish or otherwise use and to
<br /> authorize others to use, the work or materials covered by copyright for governmental
<br /> purposes, PROVIDED, that with respect to data not originated in the performance of
<br /> the Contract, such license shall be only to the extent that the Agency has the right to
<br /> grant such license without becoming liable to pay compensation to others because
<br /> of such grant. The Agency shall exert all reasonable effort to advise the County, at
<br /> the time of delivery of data furnished under a Contract, of all invasions of right or
<br /> privacy contained therein and of all portions of such data copied from work not
<br /> composed or produced in the performance of the Contract and not licensed under
<br /> this clause. The Agency shall report to the County promptly and in written detail
<br /> each notice or claim of copyright infringement received by the Agency with respect
<br /> to all data delivered under a Contract.
<br /> C. All books, informational pamphlets, press releases, research reports, articles, and
<br /> similar public notices prepared and released by the Agency for the services provided
<br /> by any Contract shall include the statement, "This project receives funding from the
<br /> Snohomish County Department of Human Services.' In addition, all such notices
<br /> will contain a statement acceptable to the County that the aforementioned project
<br /> complies with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., the
<br /> ADA, and the Rehabilitation Act.
<br /> XXV. OWNERSHIP OF MATERIAL
<br /> Material created by the Agency and paid for by the County as a part of this Agreement
<br /> or any Contract shall he owned by the County and shall be "work made for hire" as
<br /> defined by 17 U.S.C. § 101. This material includes, but is not limited to: books;
<br /> computer programs; documents; films; pamphlets; reports; sound reproductions;
<br /> studies; surveys; tapes; and/or training materials. Material which the Agency uses to
<br /> perform this Agreement or any Contract, but is not created for or paid for by the County
<br /> is owned by the Agency and is not `work made for hire"; however, the County shall have
<br /> Basic Terms s and Conditions Agreement
<br /> City of Everett.
<br /> HSD-201 -101-198
<br /> Page 13 of 31
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