Work is intended for internal use of the State and its contingents. The State may use the Materials or Data in conjunction with other works or works at its sole discretion. Protection of Proprietary Materials The State agrees that all Materials that belong to the Contractor and appropriately marked or identified in writing as Confidential Information of the Contractor, and furnished to the State hereunder as exemplars or samples, are provided for the State’s exclusive use for the purposes of this Agreement only. All such Confidential Information shall remain the property of the Contractor. However, in accordance with the Work of this Agreement, the State, the Contractor, or both of them may use and adapt such exemplars to the State’s specific purposes and requirements hereunder and such Work, Deliverables, and end results shall no longer be the Confidential Information of the Contractor. The ideas, concepts, know-how, or techniques relating to Data processing, Work, Deliverables, and end results developed during the course of this Agreement by the Contractor or jointly by the Contractor and the State can be used by either party in any way it may deem appropriate. Limitation on Publication The Contractor not publish or submit for publication any article, press release, or other writing relating to the Contractor's Work for the State without prior review and written permission by the State. The State review shall be completed within thirty (30) Days of submission to the Project Manager and, if permission is denied, the State shall provide its reasons for denial in writing. Preparation and Distribution of Recordings The Contractor shall permit the State, at its option, to make audio or video recordings, or both, of the Contractor's presentations and to distribute the recordings for educational purposes and not for profit. Any copyright shall be held by the Judicial Council of California. The Contractor shall receive no additional compensation or royalties from the distribution or use of these recordings. Limitation on State's Liability The shall not be responsible for loss of or damage to any non-State equipment arising from causes beyond the State's control. No-Hire The State and the Contractor agree that, during the term of this Agreement and for a period of one hundred eighty (180) days thereafter, each party will not directly or indirectly employ or otherwise engage any person who has been involved in performing services hereunder as
Work is intended for internal use of the State and its contingents. The State may use the Materials or Data in conjunction with other works or works at its sole discretion. Protection of Proprietary Materials The State agrees that all Materials that belong to the Contractor and appropriately marked or identified in writing as Confidential Information of the Contractor, and furnished to the State hereunder as exemplars or samples, are provided for the State’s exclusive use for the purposes of this Agreement only. All such Confidential Information shall remain the property of the Contractor. However, in accordance with the Work of this Agreement, the State, the Contractor, or both of them may use and adapt such exemplars to the State’s specific purposes and requirements hereunder and such Work, Deliverables, and end results shall no longer be the Confidential Information of the Contractor. The ideas, concepts, know-how, or techniques relating to Data processing, Work, Deliverables, and end results developed during the course of this Agreement by the Contractor or jointly by the Contractor and the State can be used by either party in any way it may deem appropriate. Limitation on Publication The Contractor not publish or submit for publication any article, press release, or other writing relating to the Contractor's Work for the State without prior review and written permission by the State. The State review shall be completed within thirty (30) Days of submission to the Project Manager and, if permission is denied, the State shall provide its reasons for denial in writing. Preparation and Distribution of Recordings The Contractor shall permit the State, at its option, to make audio or video recordings, or both, of the Contractor's presentations and to distribute the recordings for educational purposes and not for profit. Any copyright shall be held by the Judicial Council of California. The Contractor shall receive no additional compensation or royalties from the distribution or use of these recordings. Limitation on State's Liability The shall not be responsible for loss of or damage to any non-State equipment arising from causes beyond the State's control. No-Hire The State and the Contractor agree that, during the term of this Agreement and for a period of one hundred eighty (180) days thereafter, each party will not directly or indirectly employ or otherwise engage any person who has been involved in performing services hereunder as
occm-2011-19-jmg-CAFM-Upgrade-Contract-Final.docx