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HomeMy WebLinkAboutContract 43271 (2)CM &CRObJau1,1/2' CT NO. NON W CONFIDENTIAL COPYRIGHT AGREEMENT Pall Corporation (the Licensor) grants permission to: The City of Fort Worth, Westside Water Treatment Plant 12200 Old Weatherford Road, Fort Worth, Texas 76108 , its employees and subsidiaries (the Licensee) the right to use, modify, create derivative works and disclose to third parties its copyrighted information provided in any and all native file formats including hut not limited to Computer Aided Design (CAD) files (collectively, Copyrights) only for the purposes indicated below (Purposes) and only for the following project (Project): Project Name: 01.001 02 Fort Worth, TX Purpose: a) To include Copyrights into the Licensee's engineering drawings, material lists, technical descriptions and/or illustrations (Project Documents) for purposes of obtaining quotations or bids, b) To include Copyrights into the Licensee's Project Documents for evaluation by third parties who are directly responsible for operation, maintenance, and repair of equipment supplied by Licensor, c) To incorporate Copyrights, but only to the extent related to the CAD files, into Licensee's Project Documents for the purpose of performing engineering evaluations, including dimensional and physical layout creation, and illustrating Licensor's systems and equipment, including three-dimensional (3-D) depiction, d) To add clarifying information including language translation to Copyrights, but only to the extent related to the CAD files, for the purpose of illustrating Licensor's systems and equipment, including 3-D depiction. Licensee's right to distribute, modify and/or create derivative works of the Copyrights is limited to the Purposes and the Project only. Licensee agrees to notify third parties receiving Project Documents pursuant to this Agreement that the Project Documents contain Copyrights of the Licensor, that no portion of the Project Documents containing Copyrights shall be distributed, modified or disclosed to others, or any derivative works created without the written consent of the Licensoi, and that the third party's right to use the Project Documents containing Copyrights are limited to the Purposes and the Project only. MISCELLANEOUS 1. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all prior verbal or written agreements with respect to the subject natter hereof. 2. All alterations, changes, modifications, or variations in this Agreement shall be ineffective and void unless the same are in writing and properly executed by authorized officers of the parties. 3. Failure of either party to enforce any or all of the terms and conditions of this Agreement shall not be deemed a waiver of any term or condition; nor shall a waiver by a party of any term or condition be considered a waiver by said party of any other term or condition. 4. Subject to applicable Open Record laws, neither party may make announcements concerning this Agreement without the prior written approval of the other party. Page 1 oFFiciil L RECORD 1 CITY SECRETARY FT. WORTH, TX • 06-01-1 2 PU4:09 IN THE CITY OF FORT OR'T%% 'WESTSIDE WATER TREATMENT PLANT O ROAD, OLD W 12200EATHE FORS, WORTH, TEXAS 76148 lis4desto 6s/a. PRINT NAME: ttirtf•••• -••*04 Cods---f SIGNATUI2E. Ad OA; Mg" e, PRINT TITLB: `3/AZ DA 0 KW PALL CORPORATION eon okriviS‘s PRY NAME: SI N 5-1 9" i s z DATE dfl°o+l�a ApDo° °pool*000 4, 4) glovers zo oo 0a�, 0 0 0 ° et/ ttb EX A+9 4(q4 nilinet*Q•70".# Page 2 OFFICIAL RECORD CITY SECRETARY rTo WORTH, TX NO M&C REQUIRED •