Laserfiche WebLink
A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />iv. This certification is a material representation of fact upon which reliance was placed <br />when this transaction was made or entered into. Submission of this certification is a <br />prerequisite for making or entering into this transaction imposed by Section 1352, Title <br />31, U.S. Code. Any person who fails to file the required certification shall be subject to <br />a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. <br />V. The Subrecipient and its Contractors shall sign Attachment J — Certification Regarding <br />Lobbying. <br />(23) COPYRIGHT. PATENT AND TRADEMARK <br />EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN <br />CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE <br />OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE <br />PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUBRECIPIENT TO THE <br />STATE OF FLORIDA. <br />a. If the Subrecipient has a pre-existing patent or copyright, the Subrecipient shall retain all rights <br />and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. <br />b. If any discovery or invention is developed in the course of or as a result of work or services <br />performed under this Agreement, or in any way connected with it, the Subrecipient shall refer the discovery or <br />invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any <br />patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of <br />Florida. If any books, manuals, films, or other copyrightable material are produced, the Subrecipient shall notify the <br />Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred <br />by the Subrecipient to the State of Florida. <br />c. Within thirty (30) days of execution of this Agreement, the Subrecipient shall disclose all <br />intellectual properties relating to the performance of this Agreement which he or she knows or should know could <br />give rise to a patent or copyright. The Subrecipient shall retain all rights and entitlements to any pre-existing <br />intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division <br />shall then, under Paragraph (25) b., have the right to all patents and copyrights which accrue during performance of <br />the Agreement. <br />d. If the Subrecipient qualifies as a state university under Florida law, then, pursuant to section <br />1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Subrecipient shall become <br />the sole property of the Subrecipient. In the case of joint inventions, that is inventions made jointly by one or more <br />employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. <br />The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive license, for its use and the use of its <br />contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the <br />Subrecipient, under this Agreement, for Florida government purposes. <br />(24) LEGAL AUTHORIZATION <br />The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that <br />- its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies <br />that the undersigned person has the authority to legally execute and bind Subrecipient to the terms of this Agreement. <br />17 <br />