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a) Except for its own internal use, the Grantee may not publish or reproduce
<br /> subject data in whole or in part, or in any manner or form, nor may the Grantee
<br /> authorize others to do so, without the written consent of the Government, until
<br /> such time as the Government may have either released or approved the release
<br /> of such data to the public; this restriction on publication, however, does not apply
<br /> to agreements with academic institutions.
<br /> b) As authorized by 49 CFR section §18.34 and 49 CFR §19.36,.the Government
<br /> reserves a royalty-free non-exclusive and irrevocable license to reproduce,
<br /> publish or otherwise use, and to authorize others to use, for"federal and state
<br /> government purposes:"
<br /> (i) Any subject data developed under a grant, cooperative agreement, subgrant,
<br /> sub-agreement, or third party contract, irrespective of whether or not a
<br /> copyright has been obtained; and
<br /> (ii) Any rights of copyright to which a Grantee, or a third party contractor
<br /> purchases ownership with federal or state assistance.
<br /> 3. When the Government provides assistance to a Grantee for a Project involving
<br /> planning, research, development, or a demonstration, it is generally FTA's and the
<br /> Department's intent to increase the body of mass transportation knowledge, rather
<br /> than to limit the benefits of the Project to those parties that have participated therein.
<br /> Therefore, unless FTA or the Department determines otherwise, the Grantee of
<br /> Government assistance to support planning, research, or devetopment or a
<br /> demonstration project financed under the Acts, as amended, understands and
<br /> agrees that, in addition to the rights set forth in subparagraph (B)(2) of this ITEM,
<br /> the Government may make available to Grantee and/or any third party contractor or
<br /> third party subcontractor, either GovernmenYs license in the copyright to the subject
<br /> data derived under this Agreement or a copy of the subject data first produced under
<br /> this Agreement. In the event that such a Project, which is the subject of this
<br /> Agreement, is not completed for any reason whatsoever, all data developed under
<br /> that Project shall become data as defined in subparagraph (B)(1) of this ITEM and
<br /> shall be delivered as the Government may direct. This subsection, however, does
<br /> . not apply to adaptations of automatic data processing equipment or programs for the
<br /> Grantee's use, which costs are financed in whole or in part with Government
<br /> assistance for transportation capital projects.
<br /> 4. Unless prohibited by state law, the Grantee agrees to indemnify, save and hold
<br /> harmless the State of.11linois and FTA, their officers, agents, and employees acting
<br /> within the scope of their official duties, against any liability, including costs and
<br />' expenses, resulting from any willful or intentional violation by the Grantee of •
<br /> proprietary rights, copyrights, or right of privacy, arising out of the publication,
<br /> translation, reproduction, delivery, use, or disposition of any data furnished under
<br /> , this Agreement. However, the Grantee shall not be required to indemnify the State
<br /> of Illinois and FTA for any such liability arising out of the wrongful acts of employees
<br /> or agents of the Government.
<br /> , 5. Nothing contained in this ITEM on rights in data shall imply a license to the
<br /> Government under any patent or be construed as affecting the scope of any license
<br /> or other right otherwise granted to the Department and FTA under any patent.
<br /> 6. The requirements of subparagraphs (B)(2),(3), and (4) of this ITEM do not apply to
<br /> material furnished to the Grantee by the Government and incorporated in the work
<br /> State/Federal Capital Grant page 28
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