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Template revision date:July 2020 OPA Review#2021ZQ-11505
<br /> b. Licensee may refer to this Agreement in any public statements or commercial advertisements
<br /> using language agreed upon by both Parties.
<br /> 3. Intellectual Property and Endorsements.
<br /> 3.1 No Endorsement.
<br /> USGS does not directly or indirectly endorse any product or service provided,or to be provided,by
<br /> Licensee in connection with this Agreement.
<br /> 3.2 Retention of Rights.
<br /> As between the parties:
<br /> a. USGS retains all rights in the ShakeAlert Materials and USGS'patents,trademarks,logos,and
<br /> domain names;and
<br /> b. Licensee retains all rights in Licensee's products and services independently made.
<br /> 3.3 Trademarks.
<br /> Licensee,including its employees,third-parties,and agents,will not use any trademarks,domain names,
<br /> social media account names or handles,any independent development,or seek any trademark registration
<br /> that are the same or confusingly similar to any USGS trademarks including its tradename(s),logo(s),
<br /> brand(s),or seal(s),whether registered or not,without first obtaining written permission from USGS.
<br /> Permission to use USGS'trademark(s)will not be unreasonably withheld,so long as Licensee's use does
<br /> not state or imply any endorsement,suggest any other relationship than the one established by the license
<br /> or a pending agreement with the USGS,or that the mark is not placed on or in connection with any
<br /> Licensee or third-party goods.
<br /> Furthermore,Licensee agrees to use due diligence when selecting or using domain names,a trademark or
<br /> seeking state or Federal trademark rights related,in any way,to this License Agreement,the ShakeAlert
<br /> Materials,or for any good or service offered by Licensee,so that reasonable efforts are made to ensure
<br /> that any of Licensee's trademark do not include,or are confusingly similar to,the names,trademarks,
<br /> official insignia,or logos of the USGS.
<br /> 3.4 Copyrights.
<br /> By virtue of this Agreement and Licensee's relationship with USGS,Licensee will be granted access to
<br /> subject matter that may qualify for copyright protection in accordance with 17 U.S.C. §102.Without the
<br /> prior written consent of USGS,Licensee shall not claim,file for,or otherwise acquire an interest in any
<br /> copyrights in the ShakeAlert Materials,including software or any other material that Licensee has access
<br /> to by virtue of this Agreement.
<br /> 3.5 Patents.
<br /> Licensee by virtue of its use of the ShakeAlert Materials under this Agreement may generate patentable
<br /> materials and(or)trade secrets of the Licensee. If Licensee uses federal funding and the ShakeAlert
<br /> Materials provided under this Agreement to develop a patentable invention,Licensee grants to the USGS
<br /> a perpetual,worldwide,nonexclusive,nontransferable,irrevocable,royalty-free license to practice or
<br /> have practiced such invention,throughout the world by or on behalf of the Government for research or
<br /> other Government purposes.
<br /> 4. Maintenance and Support.
<br /> ShakeAlert Evaluation License Agreement,Application,and Statement of Work-07/2020 Page 3 of 10
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