Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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RFP for Selection of System Integrator of CCTNS(b) The Third Party Contracts are owned by SI and the liability for these contracts lies solelywith SI.(c) The agreements with the OEMs for supply of goods and service including but not limitedto hardware, network components, software applications, service contracts for annualmaintenance support, specialized services for audit/testing etc. will be assigned to theBUYER or its nominees and will indicate Odisha Police as “End Users” as per theContract.(d) SI will share these contracts and licenses in entirety with the BUYER and BUYER will havethe right to further share or sub-license these contracts with other entities at its solediscretion. However the ultimate responsibility towards the OEMs etc will be of the SI.(e) The BUYER will have the right to overrule any restrictive clauses or clauses limiting theownership of these contracts.(f) In the event of termination of the Contract, SI shall transfer/assign or cause to betransferred/assigned to the BUYER or its nominee such third party contracts which arevalid and subsisting and which the BUYER has chosen to take over at its sole discretion asper Schedule X hereof.Volume IIIContractual and Legal Specifications46
RFP for Selection of System Integrator of CCTNS14. ARTICLE 14: INTELLECTUAL PROPERTY14.1. Intellectual Property(a)Pre-Existing Works of Odisha Police The copyright and other Intellectual PropertyRights in any materials or software (whether written or machine-readable) created byOdisha Police/ SCRB and licensed to SI for enhancement or modification as a part ofthis Contract will remain vested in Odisha Police/ SCRB. Such Pre-Existing Works ofOdisha Police shall include but is not limited to CAS (State), source code, compliedcode, version control system, documentations and artifacts.(b) Pre-Existing Works The copyright and other Intellectual Property Rights in anymaterials or software (whether written or machine-readable) created by or licensed toSI prior to this Contract or outside this engagement and any subsequent Modificationsto same (“Pre-Existing Works”) will remain vested in SI or a third party. To the extentthat pre-existing works are embedded in any deliverable materials, the BUYER will havea license to use them in accordance with the provisions stated herein below in ARTICLE14.1 (b) of this Contract.(c)(d)(e)(f)Other Deliverable Materials The BUYER will own the copyright in all deliverablematerials created under this Contract by SI. The Commercial Off the Shelf (COTS)products and their IPRs will be owned and controlled by the Original EquipmentManufacturers (OEMs) like IBM, Microsoft, Oracle, Sun. The IPR of any product orsoftware which has been developed/ enhanced/ modified/ configured by the SI shall betransferred to the BUYER.SI agrees that ownership of all Intellectual Property Rights for any functional andtechnical process of Odisha Police or Information or materials or Odisha Police SuppliedEquipment provided to SI by the BUYER shall remain vested in the BUYER.SI agrees that the BUYER shall own all Intellectual Property Rights in all Project Assetsprocured, purchased and produced exclusively for the BUYER by SI pursuant to thisContract including improvements that are developed by SI for the BUYER. SI shallexecute necessary documents and instruments to perfect the ownership of SCRB inrespect of the aforesaid materials.Notwithstanding any other provision of this Contract, SI will not be prevented orrestricted by this Contract from using any technique, idea, concepts or know-howrelating to SI‟s business activities. Nothing contained in this Contract shall restricteither Party from the use of any ideas, concepts, know-how, or techniques relating tosoftware development, which either Party, individually or jointly, develops or disclosesunder this Contract, except to the extent such use infringes any of either Party‟spatent rights or copyrights. However, except for the licenses expressly granted by anagreement between the Parties to this Contract, neither this Contract nor anydisclosure made hereunder grants any license to either Party under any patents orcopyrights of the other Party.Volume IIIContractual and Legal Specifications47
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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