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<br />regulations or circulars, which may include 45 C.F.R. part 74, OMB Circ. No. A-110 (Rev.
<br />11/19/93, as further amended 09/30/99), 2 CFR ~215.42, and UGMS.
<br />
<br />Section 13.05 Intellectual Property. Texas Health and Safety Code ~ 12.020 authorizes
<br />DSHS to protect intellectual property developed as a result of this Contract.
<br />
<br />(a) "Intellectual property" means created property that may be protected under copyright,
<br />patent, or trademark/service mark law.
<br />
<br />(b) For purposes of this Contract "work made for hire" is intellectual property prepared for
<br />DSHS use, or a work specially ordered or commissioned through a contract for DSHS use.
<br />DSHS owns works made for hire unless it agrees otherwise by contract.
<br />
<br />(c) If federal funds are used to finance activities supported by this Contract that result in the
<br />production of intellectual property, the federal awarding agency reserves a royalty-free,
<br />nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to
<br />authorize others to use, for federal government purposes (1) the copyright in any intellectual
<br />property developed under this Contract, including any subcontract and (2) any rights of
<br />copyright to which a Contractor purchases ownership with contract funds. Contractor shall
<br />place an acknowledgment of federal awarding agency grant support and a disclaimer, as
<br />appropriate, on any publication written or published with such support and, if feasible, on any
<br />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
<br />number _ from (federal awarding agency)" or "The project described was supported by
<br />grant number from (federal awarding agency)" and "Its contents are solely the
<br />responsibility of the authors and do not necessarily represent the official views of the (federal
<br />awarding agency)."
<br />
<br />(d) In the event the terms of a federal grant award the copyright to Contractor, DSHS reserves
<br />a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or
<br />otherwise use, and to authorize others to use, for DSHS, public health, and state governmental
<br />noncommercial purposes (1) the copyright, trademark, service mark, and/or patent on an
<br />invention, discovery, or improvement to any process, machine, manufacture, or composition
<br />of matter; products; technology; scientific information; trade secrets; and computer software,
<br />in any work developed under a grant, sub grant, or contract under a grant or subgrant; and (2)
<br />any rights of copyright, service or trade marks or patents to which a grantee, sub grantee or a
<br />Contractor purchases ownership with contract funds.
<br />
<br />(e) If the results of the contract performance are subject to copyright law, the Contractor
<br />cannot publish those results without prior review and approval of DSHS. Contractor shall
<br />submit requests for review and approval to the Division Contract Management Unit assigned
<br />to the Contract.
<br />
<br />Section 13.06 Other Intangible Property. At the conclusion of the contractual relationship
<br />between Department and the Contractor, for any reason, Department shall have the sole
<br />ownership rights and interest in all non-copyrightable intangible property that was developed,
<br />produced or obtained by Contractor as a specific requirement under the Contract or under any
<br />grant that funds this Contract, such as domain names, URLs, etc. Contractor shall cooperate
<br />
<br />EF29-12425 General Provisions (Core Subrecipient 2007)
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<br />Rev. 07/20/2006 Page 24
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