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<br />and distinguish them from those of others. Federal trademark law also provides for collective marks and
<br />certification marks.
<br />
<br />"Patent" protects any new and useful process, machiile, manufacture, or composition of matter, or any new and
<br />useful improvement.
<br />
<br />"Work made for hire" is a work prepared by an employee within the scope of his or her employment; or a work
<br />specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or
<br />other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a
<br />test, as answer material for a test, or as an atlas, and the parties expressly agree in a written instrument signed by
<br />them that the work shall be considered a work made for hire.
<br />
<br />The term "works," for purposes offederal copyright law, includes software; literary works; musical works with any
<br />accompanying words; dramatic works with any accompanying music; pantomimes and choreographic works;
<br />pictorial, graphic, and sculptural works; motion pictures and other audiovisual works, sound recordings and
<br />architectural works.
<br />
<br />All work performed that results in the production of original books, manuals, films, or other original material is
<br />the exclusive property of RECEIVING AGENCY. All right, title, and interest in and to said property shall vest in
<br />RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work made for hire" for
<br />copyright purposes and made in the course of the services rendered pursuant to this contract. To the extent that title
<br />to any such work may not, by operation oflaw, vest in RECEIVING AGENCY or such work may not be considered
<br />a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIVING
<br />AGENCY. RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents,
<br />copyrights, trademarks, service marks, certification marks, collective marks, registrations, or such other protection
<br />as may be appropriate to the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY
<br />shall ensure all rights, titles, and interest in and to the intellectual property are secured to RECEIVING AGENCY
<br />from PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVING
<br />AGENCY and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by
<br />RECEIVING AGENCY, all assistance required to perfect the rights defined in this Article, without any charge or
<br />expense beyond those amounts payable to PERFORMING AGENCY for the services rendered under the contract.
<br />
<br />Iffederal funds are used to finance activities supported by the contract Attachment(s) that result in the production
<br />of original books, manuals, films, or other original material, the federal awarding agency reserves a royalty-free,
<br />nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
<br />federal government purposes (1) the copyright in any work developed under a grant, subgrant, or contract under
<br />a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient
<br />purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
<br />awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
<br />support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An
<br />acknowledgment shall be to the effect that "This publication was made possible by grant number
<br />from (federal awardinl! agency)" or "The project described was supported by grant number from
<br />(federal awardinl! al!encv)" and "Its contents are solely the responsibility of the authors and do not necessarily
<br />represent the official views of the (federal awardin~ agency)."
<br />
<br />In the event the terms of a federal grant award the copyright to PERFORMING AGENCY, RECEIVING AGENCY
<br />reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use,
<br />and to authorize others to use, for RECEIVING AGENCY, public health, and state governmental noncommercial
<br />
<br />(LGS)
<br />
<br />2001 GENERAL PROVISIONS Page 7
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