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23. Intellectual Property
<br /> 1. Patent Rights
<br /> (a) in accordance with 37 CFR 401, if any invention, improvement or discovery of the
<br /> Contractor or subcontractors, if any, is conceived or first actually reduced to practice in the course of
<br /> or under this Project, and that invention, improvement, or discovery is patentable under the laws of
<br /> the United States of America or any foreign country,the Contractor and subcontractors, if any, agree
<br /> to notify DPTS, the Illinois Department of Transportation, and the Federal Transit Administration
<br /> immediately and provide a detailed report.The rights and responsibilities of DPTS,the Contractor, its
<br /> subcontractors, if any, the Illinois Department of Transportation, and the Federal Government with
<br /> respect to such invention,improvement,or discovery will be determined in accordance with applicable
<br /> Federal and State laws, regulations, policies, and any waiver thereof.
<br /> (b) The Contractor and its subcontractors, if any, agree to include this intellectual property
<br /> section in its contracts for planning, research studies, development, or demonstration under this
<br /> Project.
<br /> 2. Rights in Data and Copyrights
<br /> (a)The term "subject data" used in this section means recorded information,whether or not
<br /> copyrighted, that is delivered or specified to be delivered under this contract. The term includes
<br /> graphic or pictorial delineation in media such as drawings of photographs, text in specifications or
<br /> related performance or design-type documents; machine forms such as punched cards,magnetic tape
<br /> or computer memory printouts;and information retained in computer memory.Examples include,but
<br /> are not limited to: computer software, engineering drawings and associated lists, specifications,
<br /> standards, process sheets, manuals, technical reports, catalog item identifications, and related
<br /> information. The term does not include financial reports, costa analyses, and similar information
<br /> incidental to project administration.
<br /> (b)The following restrictions apply to all subject data first produced in the performance of the
<br /> contract:
<br /> (i) Except for its own internal use, the Contractor and its subcontractors, if any, may not
<br /> publish or reproduce subject data in whole or in part,or in any manner or form,nor may the contractor
<br /> or subcontractors, if any, authorize others to do so,without the Government's written consent, until
<br /> such time as the Government may have either released or approved the release of such data to the
<br /> public; this restriction on publication, however, does not apply to agreements with academic
<br /> institutions.
<br /> (ii)As authorized by 49 CFR Part 13.96,the Government reserves a royalty-free,non-exclusive,
<br /> and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for
<br /> Federal and State Government purposes:
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