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A TRUE COPY <br />,CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who <br />fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more <br />than $100,000 for each such failure. <br />(25) COPYRIGHT, PATENT AND TRADEMARK <br />EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING <br />UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY <br />RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER <br />OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY <br />TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. <br />a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall <br />retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides <br />otherwise. <br />b. If any discovery or invention is developed in the course of or as a result of work or <br />services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the <br />discovery or invention to the Division for a determination whether the State of Florida will seek patent <br />protection in its name. Any patent rights accruing under or in connection with the performance of this <br />Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material <br />are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection <br />with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. <br />c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all <br />intellectual properties relating to the performance of this Agreement which he or she knows or should know <br />could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any <br />pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property <br />exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which <br />accrue during performance of the Agreement. <br />d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to <br />section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - <br />Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is <br />inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, <br />undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - <br />paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted <br />or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida <br />government purposes. <br />(26) LEGAL AUTHORIZATION <br />The Sub -Recipient certifies that it has the legal authority to receive the funds under this <br />Agreement and that its governing body has authorized the execution and acceptance of this Agreement. <br />21 <br />