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<br /> determined in accordance with applicable Federal laws, regulations, policies, and any waiver
<br /> thereof.
<br /> b. The Recipient agrees to include the requirements of Part II, Subsection 115.a of this
<br /> A eement in its third contracts for lannin research devel t
<br /> � P�Y p g, , opmen , or demonstration
<br /> under this Project.
<br /> Section 1 l 6. Rights in Data and CoDyri�.
<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 delivez�ed under this Agreement. The term
<br /> includes graphic or pictorial delinearion in media such as drawings or photographs; text in
<br /> specifications or related performance or design-type documents; machine forms such as punched
<br /> cards. magnetic tape, or computer memory printouts; and information retained in computer
<br /> memory. Examples include, but are not limited to: computer software, engineering drawings
<br /> and associated lists, specifications, standards, process sheets, mane�als, technical reports, catalog
<br /> item identifications, and related information. The term does not include financial reports, cost
<br /> analyses, and similar information incidental to Project administration.
<br /> b. The following restrictions apply to all subject data first produced in the performance of this
<br /> ALneemem:
<br /> f 1 ! Except for its ov�n interna] use, the Recipient may not publish or reproduce subject data
<br /> in ��hole or in part. or in an�manner or form, nor may the Recipient authorize others to do so,
<br /> without the w�ritten consent of the Government, until such rime as the Government may have
<br /> either released or approved the release of such data to the public; this restriction on publication,
<br /> howe��er, does not apply to Agreements with academic institutions.
<br /> (2) As authorized by 49 C.F.R. § 18.34, the Government reserves a royalty-free,
<br /> non-exclusi��e and irrevocable license to reproduce, publish or otherwise use, and to authorize
<br /> others to use, for Federal Government purposes:
<br /> (a) Any subject data developed under a grant, cooperative agreement, subgrant, .
<br /> sub-agreement, or third party contract, inespective of whether or not a copyright has been
<br /> obtained; and
<br /> (b) Any rights of copyright to which a Recipient, subrecipient, or a third party contractor
<br /> purchases ownership with Federa] assistance.
<br /> c. When FTA provides assistance to a Recipient for a Project involving planning, research,
<br /> development, or a demonstration, it is generally FTA's intent to increase the body of mass
<br /> transportation knowledge, rather than to limit the benefits of the Project to those parties that
<br /> have participated therein. Therefore, unless FTA determines otherwise, the Recipient of FTA
<br /> assistance to support planning, reseazch, development, or a demonstration financed under the
<br /> Federal Transit Act, as amended, understands and agrees that, in addition to the rights set forth
<br /> in Part II, Subsection 116.b(2) of this Agreement, FTA may make available to any FTA
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