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DocuSign Envelope ID: D46D7F52-794F-4099-9ED2-B904C7A8FE19
<br />Agreement # P0359
<br />Incidents of which it becomes aware, including incidents sub -contractors or agents reported to
<br />Grantee. For purposes of this Agreement, "Security Incident" means the attempted or successful
<br />unauthorized access, use, disclosure, modification, or destruction of DEO information in Grantee's
<br />possession or electronic interference with DEO operations; provided, however, that random
<br />attempts at access shall not be considered a security incident. Grantee shall make a report to
<br />DEO not more than seven business days after Grantee learns of such use or disclosure. Grantee's
<br />report shall identify, to the extent known: (i) the nature of the unauthorized use or disclosure, (ii)
<br />the confidential information used or disclosed, (iii) who made the unauthorized use or received
<br />the unauthorized disclosure, (iv) what Grantee has done or shall do to mitigate any detrimental
<br />effect of the unauthorized use or disclosure, and (v) what corrective action Grantee has taken or
<br />shall take to prevent future similar unauthorized use or disclosure. Grantee shall provide such
<br />other information, including a written report, as DEO's Information Security Manager requests.
<br />In the event of a breach of security concerning confidential personal information involved with
<br />this Agreement, Grantee shall comply with Section 501.171, F.S., as applicable. When notification
<br />to affected persons is required under this section of the statute, Grantee shall provide that
<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 />Page 10 of 37
<br />Rev.5/30/19
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