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United States Geological Survey 4/24/2018
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United States Geological Survey 4/24/2018
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Entry Properties
Last modified
5/1/2018 9:10:46 AM
Creation date
5/1/2018 9:10:42 AM
Metadata
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Template:
Contracts
Contractor's Name
United States Geological Survey
Approval Date
4/24/2018
Council Approval Date
4/18/2018
Department
Public Works
Department Project Manager
Rick Bailey
Subject / Project Title
Early Earthquake Warning
Tracking Number
0001175
Total Compensation
$0.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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OPA Rev# 17-5612 <br /> Agreement: "The U.S. Government has a copyright license in this work pursuant to an <br /> agreement with the U.S. Geological Survey, a bureau within the Department of Interior." <br /> 12. Patents and Trade Secrets. LICENSEE shall not claim, file for or otherwise acquire an <br /> interest in any patents or trade secrets for the ShakeAlert Materials. However, work <br /> performed by the LICENSEE by virtue of its use of the ShakeAlert Materials under this <br /> agreement may generate patentable materials and/or trade secrets of the LICENSEE. <br /> The LICENSEE grants to the Government a nonexclusive, nontransferable, irrevocable, <br /> paid-up license to practice or have practiced any invention made by LICENSEE by virtue <br /> of this Agreement, regardless of whether the invention is patented, claimed as a trade <br /> secret or otherwise proprietary to LICENSEE, throughout the world by or on behalf of <br /> the Government for research or other Government purposes. Any patent application <br /> filed for an invention conceived or reduced to practice in the performance of this <br /> Agreement shall contain the following statement: "This invention was created in the <br /> performance of an agreement with the U.S. Geological Survey, a bureau within the <br /> Department of Interior, which has certain rights in this invention." <br /> 13.Term and Termination. This LICENSE and access to ShakeAlert Materials shall be one <br /> year that automatically renews for successive one (1)year terms unless terminated by <br /> either party in writing. USGS shall not be liable for any damages claimed by LICENSEE or <br /> its clients as a result of the termination of this Agreement. Upon termination, LICENSEE <br /> shall immediately cease utilizing ShakeAlert Materials and return to USGS or destroy all <br /> copies of the ShakeAlert Materials in accordance with instructions from USGS. <br /> 14. Governing Law.The validity and interpretation of this Agreement are subject to <br /> interpretation under Federal Law. <br /> 15. Entire Agreement. This Agreement represents the entire understanding of the Parties, <br /> and supersedes all previous communications, written or oral, relating to the subject of <br /> this Agreement. If either Party desires a modification to this Agreement, the Parties <br /> shall, upon reasonable notice of the proposed modification by the Party desiring the <br /> change, confer in good faith to determine the desirability of the modification. No <br /> modification shall be effective until a written amendment is signed by the signatories to <br /> this Agreement or their designees. <br /> 16. Export Controls. Collaborator agrees to comply with U.S. export law and regulations. <br /> ShakeAlert License Agreement and Terms of Service -3/15/18 Page 5 of 6 <br />
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