COLLECTION AND EVALUATION OF DATA AND INFORMATION. 1. The data and information collected independently by CONTRACTOR, in whatever form, shall be the owned by the CONTRACTOR. 2. The parties shall inform one another of intent to disseminate the data and information in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit D, unless otherwise agreed upon by the parties. Exhibit D does not pertain to any of the contracted deliverables but rather to other products such as journal submissions that go above and beyond Exhibits A and B. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either Party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSON’s participation and funding pursuant to Section XI and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA). 4. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract.
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