2004_0126_Packet - Laserfiche WebLink

Home

from the termination of this Agreement, notwithstanding the aboveprovisions of this section. Grantee shall, upon request of the LCMR, execute and provide the necessary documents for this purpose. 2.5 OWNERSHIP OF RESEARCH RESULTS If, within three (3) years of the terminationof this agreement, the Grantee elects not to commercialize any product derived from the research conducted under this Proj ect, the research materials shall be returned to the LCMR without cost and free and clear of any obligation to the Grantee or State. The Grantee represents and warrants that the material produced under this Agreement does not and wz�l not infringe upon the intellectual properiy rights of another, including patents, copyrights, trade secrets, trade and services marks and names. The Grantee will defend and indemnify the State and the LCMR at the Grantee's expense in any claims or actions brought against the State and/or LCMR to the extent that it is based on a claim or action that all or part of the material infringes upon the intellectual property rights of another. The Grantee is responsible for obtaining any necessary licenses to use the intellectualproperty rights of another. 2.6 SALE OR LICENSE OF PRODUCTS The Grantee and State agree to reimburse the Fund revenues it receives from licenses, transfers, or other income generated from products based upon materials derived from this Proj ect up to the amount of LCMR funds provided under this Agreement unless expressly approved under the work program. Such reimbursement will be made by the Grantee and/or the State upon first sale of any product worldwide whether or not such products are patentable. The Grantee, for itself and its licensees, agrees to sell any product derived from this Agreement and not subject to ownership by the State to the State of Minnesotafor the royalty-freewholesaleprice less a ten percent (10%) discount. This clause shall continue to be in effect after all State funds have been repaid to the State. The Grantee agrees that if revenue is generated from putting on workshops, conferences, etc under this Project, eligibleproject expenses will be offset with this revenue and reimbursementwill not be requested for expenditures covered by this revenue. 2.7 ROYALTY PAYMENTS The State owns and shall take title to the percentage of a royalty, copyright or patent resulting from this Project equal to the percentage of the project's total funding provided by this appropriation subject to the provisions of Minnesota Statutes Chapter 116P.10. Cash receipts resulting fmn royalties from the licensing of copyright, patent, or other intellectual properties shall be paid to the Fund on a quarterly basis within thiriy (30) days after the end of each calendar quarter. The State and/or Grantee shall not license the intellectualproperiy rights without the express written agreement of the State. 2.8 ACKNOWLEDGMENTS The Grantee and State agree to acknowledge the State's financial support for this Proj ect. Any statement, press release, bid, solicitation, or other document issued describing the Proj ect shall provide information on the amount and proportion of State funds supporting the total cost of the Project and will contain the following language: Funding for this project was recommended by the Legislative Commission on Minnesota Resources from the Minnesota Environment and Natural Resources Trust Fund. �