Common use of Databases, Marks Clause in Contracts

Databases, Marks. Without limiting paragraph A, above, CONTRACTOR agrees to the following: State Programs. The computer application programs made available by the STATE to CONTRACTOR in order to permit CONTRACTOR to perform its obligations hereunder are referred to herein as "State Programs." The STATE is the copyright owner of the State Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the State Programs, and all analysis and design specifications, programming specifications, source code, algorithms, and information contained in technical reference manuals pertaining to the State Programs, are trade secret information of the STATE. The computer operating systems software programs and other third party software licensed by the STATE, and related documentation, made available by the STATE to CONTRACTOR in order to permit CONTRACTOR to perform its obligations hereunder, are subject to claims of trade secret and copyright ownership by the respective licensors and will be treated by CONTRACTOR in the same manner as trade secret information of the STATE. In addition, CONTRACTOR will familiarize itself with and abide by the terms and conditions of the license agreements applicable to such third party software. Without limiting the foregoing, CONTRACTOR may also be required to sign an appropriate confidentiality agreement with the STATE’s software vendor if access to proprietary segments of the MNCIS application are necessary for CONTRACTOR’s work hereunder. State Databases. The computer databases made available by the STATE to CONTRACTOR in order to permit CONTRACTOR to perform its obligations hereunder are referred to herein as "State Databases." The STATE is the copyright owner of the State Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the State Databases and to their structure, sequence and organization are trade secret information of the STATE. All information contained within the State Databases is sensitive, confidential information and will be treated by CONTRACTOR in the same manner as trade secret information of the STATE. Without limiting any of the foregoing, CONTRACTOR understands and agrees that to the extent that any records made available by the STATE to CONTRACTOR hereunder are publicly-accessible, the STATE retains all rights it possesses in and to such records and CONTRACTOR has no title or ownership rights, including any right to sell, resell, disclose, redisclose, recombine, reconfigure or retain such records except: (i) as expressly required for CONTRACTOR’s compliance with this contract; or (ii) to the extent that it has purchased or obtained the same from the State on the same terms and via the same means and to the same extent as other members of the public.

Databases, Marks. Without limiting paragraph A, above, CONTRACTOR SUBCONTRACTOR agrees to the following: State Programs. The computer application programs made available by the STATE to CONTRACTOR SUBCONTRACTOR in order to permit CONTRACTOR SUBCONTRACTOR to perform its obligations hereunder participate in the Project are referred to herein as "State Programs." The STATE is the copyright owner of the State Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the State Programs, and all analysis and design specifications, programming specifications, source code, algorithms, and information contained in technical reference manuals pertaining to the State Programs, are trade secret information of the STATE. The computer operating systems software programs and other third party software licensed by the STATE, and related documentation, made available by the STATE to CONTRACTOR SUBCONTRACTOR in order to permit CONTRACTOR to perform its obligations hereunderparticipate in the Project, are subject to claims of trade secret and copyright ownership by the respective licensors and will be treated by CONTRACTOR SUBCONTRACTOR in the same manner as trade secret information of the STATE. In addition, CONTRACTOR SUBCONTRACTOR will familiarize itself with and abide by the terms and conditions of the license agreements applicable to such third party software. Without limiting the foregoing, CONTRACTOR SUBCONTRACTOR may also be required to sign an appropriate confidentiality agreement with the STATE’s software vendor if access to proprietary segments of the MNCIS application are necessary for CONTRACTORSUBCONTRACTOR’s work hereunder. State Databases. The computer databases made available by the STATE to CONTRACTOR SUBCONTRACTOR in order to permit CONTRACTOR SUBCONTRACTOR to perform its obligations hereunder participate in the Project are referred to herein as "State Databases." The STATE is the copyright owner of the State Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the State Databases and to their structure, sequence and organization are trade secret information of the STATE. All information contained within the State Databases is sensitive, confidential information and will be treated by CONTRACTOR SUBCONTRACTOR in the same manner as trade secret information of the STATE. Without limiting any of the foregoing, CONTRACTOR SUBCONTRACTOR understands and agrees that to the extent that any records made available by the STATE or CONTRACTOR to CONTRACTOR SUBCONTRACTOR hereunder are publicly-accessible, the STATE retains all rights it possesses in and to such records and CONTRACTOR SUBCONTRACTOR has no title or ownership rights, including any right to sell, resell, disclose, redisclose, recombine, reconfigure or retain such records except: (i) as expressly required for CONTRACTORSUBCONTRACTOR’s compliance with this contract; or (ii) to the extent that it has purchased or obtained the same from the State STATE on the same terms and via the same means and to the same extent as other members of the public.