RFP: Training for Supervisors and Operators
Terms and Conditions for Accessing Reference Materials
This Agreement contains the terms and conditions for accessing the winter maintenance training materials collected by Clear Roads. These materials are provided to support participation in the RFP process for the Training for Supervisors and Operators project and will be available to the contractor selected for the project. Please read the Agreement carefully.
Proposer and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by State for this RFP process, and as it applies to all data created, collected, received, stored, used, maintained or disseminated by Proposer for this RFP process. The civil remedies of Minnesota Statutes Section ยง13.08 apply to the release of the data governed by the Minnesota Government Data Practices Act by either Proposer or the State.
If Proposer receives a request to release the data referred to in this Agreement, Proposer must immediately notify State. State will give Proposer instructions concerning the release of the data to the requesting party before the data is released.
Intellectual Property Rights of State. State owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks in the Works and Documents created through this RFP process. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice, created or originated by Proposer, its employees, agents and sub-contractors, either individually or jointly with others in this RFP process. Works includes "Documents". Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks or other materials, whether in tangible or electronic forms, prepared by Proposer, its employees, agents or sub-contractors, in this RFP process. The Documents will be the exclusive property of State and Proposer must immediately return all such Documents to State upon request at the completion or cancellation of this RFP process. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire". Proposer assigns all right, title and interest it may have in the Works and the Documents to State. Proposer must, at the request of State, execute all papers and perform all other acts necessary to transfer or record State's ownership interest in the Works and Documents.
Intellectual Property Rights of Proposer. Proposer retains title and interest in all of its standard details, plans, specifications and engineering computation documents ("Previously Created Works and Documents"), whether in written or electronic form, which have been incorporated into the Works and Documents, but which were developed by Proposer independent of this RFP process. Proposer issues to State a royalty-free, nonexclusive and irrevocable license to use the Previously Created Works and Documents.
Notification. Whenever Proposer reasonably believes it, or its employees or sub-contractors, has made an invention, improvement or discovery (whether or not patentable) in the performance of this RFP process, and has or actually or constructively reduced it to practice, Proposer will immediately give State's Authorized Representative written notice thereof and must promptly furnish State's Authorized Representative with complete information and/or disclosure thereon.
USER TERMS AND CONDITIONS
