Software Ownership. If Contractor develops or pays to have developed computer software exclusively with funds or proceeds from the Contract to perform its obligations under the Contract, or to perform computerized tasks that it was not previously performing to meet its obligations under the Contract, the computer software shall be exclusively owned by or licensed to the Department. If Contractor develops or pays to have developed computer software which is an addition to existing software owned by or licensed exclusively with funds or proceeds from the Contract, or to modify software to perform computerized tasks in a manner different than previously performed, to meet its obligations under the Contract, the addition shall be exclusively owned by or licensed to the Department. In the case of software owned by the Department, the Department grants to Contractor a nontransferable, nonexclusive license to use the software in the performance of the Contract. In the case of software licensed to the Department, the Department grants to Contractor permission to use the software in the performance of the Contract. This license or permission, as the case may be, terminates when Contractor has completed its work under the Contract. If Contractor uses computer software licensed to it which it does not modify or program to handle the specific tasks required by the Contract, then to the extent allowed by the license agreement between Contractor and the owner of the software, Contractor grants to the Department a continuing, nonexclusive license for either the Department or a different contractor to use the software in order to perform work substantially identical to the work performed by Contractor under the Contract. If Contractor cannot grant the license as required by this section, then Contractor shall reveal the input screens, report formats, data structures, linkages, and relations used in performing its obligations under the contract in such a manner to allow the Department or another contractor to continue the work performed by contractor under the Contract.
Appears in 38 contracts
Sources: Prepaid Mental Health Plan, Premier Access Contract Prepaid Ambulatory Health Plan (Pahp), McNa Dental Contract
Software Ownership. 1. If the Contractor develops or pays to have developed computer software exclusively with funds or proceeds from the this Contract to perform its obligations under the this Contract, or to perform computerized tasks that it was not previously performing to meet its obligations under the this Contract, the computer software shall be exclusively owned by or licensed to the Department. In the case of software owned by the Department, the Department grants to the Contractor a nontransferable, nonexclusive license to use the software in the performance of this Contract. In the case of software licensed to the Department, the Department grants to the Contractor permission to use the software in the performance of this Contract. This license or permission, as the case may be, terminates when the Contractor has completed its work under this Contract.
2. If the Contractor develops or pays to have developed computer software which is an addition to existing software owned by or licensed exclusively with funds or proceeds from the this Contract, or to modify software to perform computerized tasks in a manner different than previously performed, to meet its obligations under the this Contract, the addition shall be exclusively owned by or licensed to the Department. In the case of software owned by the Department, the Department grants to the Contractor a nontransferable, nonexclusive license to use the software in the performance of the this Contract. In the case of software licensed to the Department, the Department grants to the Contractor permission to use the software in the performance of the this Contract. This license or permission, as the case may be, terminates when the Contractor has completed its work under the this Contract.
3. If the Contractor uses computer software licensed to it which it does not modify or program to handle the specific tasks required by the this Contract, then to the extent allowed by the license agreement between the Contractor and the owner of the software, the Contractor grants to the Department a continuing, continuing nonexclusive license for either the Department or a different contractor to use the software in order to perform work substantially identical to the work performed by the Contractor under the this Contract. If the Contractor cannot grant the license as required by this section, then the Contractor shall reveal the input screens, report formats, data structures, linkages, and relations used in performing its obligations under the this contract in such a manner to allow the Department or another contractor Contractor to continue the work performed by the contractor under the this Contract.
4. The Contractor shall deliver to the Department a copy of the software or information required by this Article within 90 days after the commencement of this Contract and thereafter immediately upon making a modification to any of the software which is the subject of this Contract.
Appears in 10 contracts
Sources: Prepaid Mental Health Plan (Pmhp) Contract, Prepaid Mental Health Plan (Pmhp) Contract, Prepaid Mental Health Plan (Pmhp) Contract
Software Ownership. If Contractor Subrecipient develops or pays to have developed computer software exclusively with funds or proceeds from the Contract to perform its obligations under the Contract, or to perform computerized tasks that it was not previously performing to meet its obligations under the Contract, the computer software shall be exclusively owned by or licensed to the Department. If Contractor Subrecipient develops or pays to have developed computer software which is an addition to existing software owned by or licensed exclusively with funds or proceeds from the Contract, or to modify software to perform computerized tasks in a manner different than previously performed, to meet its obligations under the Contract, the addition shall be exclusively owned by or licensed to the Department. In the case of software owned by the Department, the Department grants to Contractor Subrecipient a nontransferable, nonexclusive license to use the software in the performance of the Contract. In the case of software licensed to the Department, the Department grants to Contractor Subrecipient permission to use the software in the performance of the Contract. This license or permission, as the case may be, terminates when Contractor Subrecipient has completed its work under the Contract. If Contractor Subrecipient uses computer software licensed to it which it does not modify or program to handle the specific tasks required by the Contract, then to the extent allowed by the license agreement between Contractor Subrecipient and the owner of the software, Contractor Subrecipient grants to the Department a continuing, nonexclusive license for either the Department or a different contractor to use the software in order to perform work substantially identical to the work performed by Contractor Subrecipient under the Contract. If Contractor Subrecipient cannot grant the license as required by this section, then Contractor Subrecipient shall reveal the input screens, report formats, data structures, linkages, and relations used in performing its obligations under the contract in such a manner to allow the Department or another contractor to continue the work performed by contractor Subrecipient under the Contract.
Appears in 8 contracts
Sources: Prepaid Mental Health Plan Contract, Prepaid Mental Health Plan Contract, Prepaid Mental Health Plan
Software Ownership. If the Contractor develops or pays to have developed computer software exclusively with funds or proceeds from the Contract this contract to perform its obligations under the Contractthis contract, or to perform computerized tasks that it was not previously performing to meet its obligations under the Contractthis contract, the computer software shall will be exclusively owned by or licensed to the DepartmentDHHS. If the Contractor develops or pays to have developed computer software which is an addition to existing software owned by or licensed exclusively with funds or proceeds from the Contractthis contract, or to modify software to perform computerized tasks in a manner different than previously performed, to meet its obligations under the Contractthis contract, the addition shall will be exclusively owned by or licensed to the DepartmentDHHS. In the case of software owned by the DepartmentDHHS, the Department DHHS grants to the Contractor a nontransferable, nonexclusive license to use the software in the performance of the Contractthis contract. In the case of software licensed to the DepartmentDHHS, the Department DHHS grants to the Contractor permission to use the software in the performance of the Contractthis contract. This license or permission, as the case may be, terminates when the Contractor has completed its work under the Contractthis contract. If the Contractor uses computer software licensed to it which it does not modify or program to handle the specific tasks required by the Contractthis contract, then to the extent allowed by the license agreement between the Contractor and the owner of the software, the Contractor grants to the Department DHHS a continuing, nonexclusive license for either the Department DHHS or a different contractor to use the software in order to perform work substantially identical to the work performed by the Contractor under the Contractthis contract. If the Contractor cannot grant the license as required by this section, then the Contractor shall reveal the input screens, report formats, data structures, linkages, and relations used in performing its obligations under the this contract in such a manner to allow the Department DHHS or another contractor to continue the work performed by contractor the Contractor under the Contractthis contract.
Appears in 2 contracts
Sources: Molina Chip Contract, General Provisions and Business Associate Agreement
Software Ownership. If Contractor develops or pays to have developed computer software exclusively with funds or proceeds from the Contract solely to perform its obligations under the Contract, or to perform computerized tasks that it was not previously performing solely to meet its obligations under the Contract, the computer software shall be exclusively owned by or licensed to the Department. If Contractor develops or pays to have developed computer software which is an addition to existing software owned by or licensed exclusively with funds or proceeds from the Contract, or to modify software to perform computerized tasks in a manner different than previously performed, solely to meet its obligations under the Contract, the addition shall be exclusively owned by or licensed to the Department. In the case of software owned by the Department, the Department grants to Contractor a nontransferable, nonexclusive license to use the software in the performance of the Contract. In the case of software licensed to the Department, the Department grants to Contractor permission to use the software in the performance of the Contract. This license or permission, as the case may be, terminates when Contractor has completed its work under the Contract. If Contractor uses computer software licensed to it which it does not modify or program solely to handle the specific tasks required by the Contract, then to the extent allowed by the license agreement between Contractor and the owner of the software, Contractor grants to the Department a continuing, nonexclusive license for either the Department or a different contractor to use the software in order to perform work substantially identical to the work performed by Contractor under the Contract. If Contractor cannot grant the license as required by this section, then to the extent permitted by the applicable license agreement, Contractor shall reveal the input screens, report formats, data structures, linkages, and relations used in performing its obligations under the contract in such a manner to allow the Department or another contractor to continue the work performed by contractor under the Contract.in
Appears in 1 contract
Sources: Contract
Software Ownership. If Contractor develops or pays to have developed computer software exclusively with funds or proceeds from the Contract to (i) perform its obligations under the Contract, or (ii) to perform computerized tasks that it was not previously performing to meet its obligations under the Contract, the computer software shall be exclusively owned by or licensed to the Department. If Contractor develops or pays to have developed computer software exclusively with funds or proceeds from the Contract (i) which is an addition to existing software owned by or licensed exclusively with funds or proceeds from the Contractowned by Contractor, or (ii) to modify software owned by Contractor to perform computerized tasks in a manner different than previously performedperformed specifically, to meet its obligations under the Contract, the addition (but not the underlying software) shall be exclusively owned by or licensed to the Department. In the case of software owned by the Department, the Department grants to Contractor a nontransferable, nonexclusive license to use the software in the performance of the Contract. In the case of software licensed to the Department, the Department grants to Contractor permission to use the software in the performance of the Contract. This license or permission, as the case may be, terminates when Contractor has completed its work under the Contract. If Contractor uses computer software licensed to it which it does not modify or program to handle the specific tasks required by the Contract, then to the extent allowed by the license agreement between Contractor and the owner of the software, Contractor grants to the Department a continuing, nonexclusive license for either the Department or a different contractor to use the software in order to perform work substantially identical to the work performed by Contractor under the Contract. If Contractor cannot grant the license as required by this section, then Contractor shall reveal the input screens, report formats, data structures, linkages, and relations used in performing its obligations under the contract in such a manner to allow the Department or another contractor to continue the work performed by contractor under the Contract.
Appears in 1 contract
Sources: Home Program Contract