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DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380
<br />Agreement # P0307
<br />notification, but only after receipt of DEO's written approval of the contents of the notice.
<br />Defined statutorily, and for purposes of this Agreement, "breach of security" or "breach" means
<br />the unauthorized access of data in electronic form containing personal data. Good faith
<br />acquisition of personal information by an employee or agent of the Grantee is not a breach,
<br />provided the information is not used for a purpose unrelated to the Grantee's obligations under
<br />this Agreement or is not subject to further unauthorized use.
<br />O. PATENTS, COPYRIGHTS, AND ROYALTIES
<br />1. All legal title and every right, interest, claim or demand of any kind, in and to any patent,
<br />trademark or copyright, or application for the same, or any other intellectual property right
<br />to, the work developed or produced under or in connection with this Agreement, is the
<br />exclusive property of DEO to be granted to and vested in the Florida Department of State for
<br />the use and benefit of the state; and no person, firm or corporation shall be entitled to use
<br />the same without the written consent of the Florida Department of State. Any contribution
<br />by the Grantee or its employees, agents or contractors to the creation of such works shall be
<br />considered works made for hire by the Grantee for DEO and, upon creation, shall be owned
<br />exclusively by DEO. To the extent that any such works may not be considered works made
<br />for hire for DEO under applicable law, Grantee agrees, upon creation of such works, to
<br />automatically assign to DEO ownership, including copyright interests and any other
<br />intellectual property rights therein, without the necessity of any further consideration.
<br />2. If any discovery or invention arises or is developed in the course or as a result of work or
<br />services performed with funds from this Agreement, Grantee shall refer the discovery or
<br />invention to DEO who will refer it to the Department of State to determine whether patent
<br />protection will be sought in the name of the State of Florida.
<br />3. Where activities supported by this Agreement produce original writings, sound recordings,
<br />pictorial reproductions, drawings or other graphic representations and works of any similar
<br />nature, DEO has the right to use, duplicate, and disclose such materials in whole or in part, in
<br />any manner, for any purpose whatsoever and to allow others acting on behalf of DEO to do
<br />so. Grantee shall give DEO written notice when any books, manuals, films, websites, web
<br />elements, electronic information, or other copyrightable materials are produced.
<br />4. Notwithstanding any other provisions herein, in accordance with s. 1004.23, F.S., a State
<br />University is authorized in its own name to perform all things necessary to secure letters of
<br />patent, copyrights, and trademarks on any works it produces. Within 30 calendar days of
<br />same, the president of a State University shall report to the Department of State any such
<br />university's action taken to secure or exploit such trademarks, copyrights, or patents in
<br />accordance with s. 1004.23(6), F.S..
<br />P. INFORMATION TECHNOLOGY RESOURCE
<br />Grantee shall obtain prior written approval from the appropriate DEO authority before purchasing
<br />any Information Technology Resource (ITR) or conducting any activity that will impact DEO's
<br />electronic information technology equipment or software, as both terms are defined in DEO Policy
<br />Number 5.01, in any way. ITR includes computer hardware, software, networks, devices,
<br />connections, applications, and data. Grantee shall contact the DEO Agreement Manager listed
<br />Page 11 of 37
<br />Rev. 9/27/18
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