Statewide Internet Portal Authority (SIPA)

or equity.  

Article 7: Rights in Data, Documents, and Computer Software or Other 

Intellectual Property  

A. All intellectual property including, without limitation, databases, software, documents, 

research, programs, and codes, as well as all, reports, studies, data, photographs, 

negatives, or other documents, drawings, or materials prepared by the Contractor in the 

performance of its obligations under this Contract shall be the exclusive property of 

SIPA. Unless otherwise stated, the Contractor, upon completion, termination, or 

cancellation of this Contract or each Task Order, shall deliver all such materials to SIPA. 

Contractor shall not use, willingly allow, or cause to have such materials used for any 

purpose other than the performance of the Contractor's obligations under this Contract 

without a prior written consent of SIPA. All documentation, accompanying the 

intellectual property or otherwise, shall comply with SIPA requirements including but is 

not limited to, all documentation being in a paper, human readable format that is useable 

by one who is reasonably proficient in the given subject area.  

B. All right, title, and interest in and to all copyrights in the work created and delivered 

hereunder are hereby assigned to SIPA. The Contractor hereby waives all moral rights 

with respect to the assigned copyrights under this paragraph. When applicable, the 

Contractor hereby agrees that the work delivered under this Contract shall constitute 

SIPA proprietary data and shall be marked accordingly.  

C.  The Contractor agrees to and does hereby grant to all State agencies, political 

subdivisions of SIPA and the United States Government irrevocable, nonexclusive, non 

transferable and royalty free license to use, according to law, any material or article and 

use any method that may be developed as a part of the work under this Contract. The 

Contractor shall be permitted to use, according to law, any material or article and use any 

method that may be developed as a part of the work under this Contract elsewhere in 

connection with work for any other political subdivision of SIPA, as well as the United 

States Government.  

D. Contractor agrees not to use any information, designs, data, or other intellectual 

property provided by SIPA hereunder or to which SIPA has exclusive rights other than 

for purposes of this Contract.  

E. All confidential and proprietary data shall be marked as such under this Contract 

provided always that such marking shall not itself be considered dispositive of the right, 

title and interest thereto.  

F.  The Contractor shall cooperate in all ways necessary to ensure that SIPA may obtain, 

exercise, or protect its rights under this Article 7.  The Contractor shall ensure that any 

and all of its subcontractors or suppliers of any tier are obligated to do what is necessary 

in order to fulfill SIPA s rights granted under this Article 7.  The Contractor warrants that 

Request for Proposal 10/29/2004 

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