LICENSE AGREEMENT
THIS AGREEMENT, effective the 14th day of April 1976, by and
between West Publishing Company, having its place of business in
St. Paul, Minnesota, hereinafter called WEST, and the United
States of America, as represented by the Department of the Air
Force, hereinafter called AIR FORCE.
WITNESSETH THAT:
WHEREAS, WEST is the publisher of multivolume sets of books
called Federal Reporter, Federal Reporter Second Series, Federal
Supplement, Federal Rules Decisions, and U.S. Code Congressional
and Administrative News;
AND WHEREAS, WEST warrants that it is the owner of the
entire right, title and interest in the copyrights subsisting in
said books and has the right to grant copyright license
thereunder;
AND WHEREAS, the parties heretofore entered into a license
agreement dated 9 September 1974 in which WEST granted to AIR
FORCE an irrevocable, nonexclusive, nontransferable, royalty free
license to capture, convert, translate, or store the information
in WEST's publications known as the Federal Reporter, Federal
Reporter Second Series, Federal Supplement, Federal Rules
Decisions, and any successor publications onto a machine readable
data base repository, and to make hard copy printouts and inhouse
cathode ray tube displays by FLITE (then known as LITE) or its
successor systems, from said data base repository exclusively
from Federal, State and Local Governments and Colleges and
Universities, and other authorized customers of FLITE or its
successor systems;
AND WHEREAS, AIR FORCE now desires to also capture, convert,
translate, or store the information in the WEST publication known
as the U.S. Code Congressional and Administrative NEWS onto a
machine readable data base repository, and to make hard copy
printouts and inhouse cathode ray tube display by FLITE or its
successor systems from said data base repository for servicing
computerized legal research requests exclusively from Federal,
State and Local Governments, and Colleges and Universities, and
other authorized customers of FLITE or its successor systems;
AND WHEREAS, the parties desire to reexecute their license
agreement of 9 September 1974 to include the West publication
known as the U.S. Code Congressional and Administrative News
subject to the same terms and conditions specified in said 9
September 1974 license agreement;
AND WHEREAS, this agreement is authorized by law;
NOW, THEREFORE, in consideration of the covenants, terms,
and conditions hereinafter set forth, the parties hereto
intending to be legally bound hereby, do covenant and agree as
follows:
ARTICLE I. LICENSE
1. WEST hereby grants to AIR FORCE and AIR FORCE hereby
accepts, upon the terms and conditions hereinafter specified, and
irrevocable, nonexclusive, nontransferable, royalty free license
to capture, convert, translate or store the information in WEST's
publications known as the Federal Reporter, Federal Reporter
Second Series, Federal Supplement, Federal Rules Decisions, U.S.
Code Congressional and Administrative News and any successor
publications, onto a machine readable data base repository and to
make hard copy printouts and inhouse cathode ray tube displays by
FLITE, or its successor systems, from said data base repository
for servicing computerized legal research requests exclusively
from Federal, State, and Local Governments and Colleges and
Universities, and other authorized customers of FLITE and its
successor systems. This license does not authorize FLITE, or its
successor systems, to provide terminal or any other remote access
to any of the machine-readable data captured from the
publications covered by this agreement to other than Federal
Government personnel.
2. This license grants no authority to disseminate, by any
means, said machine-readable data base repository, in bulk or in
part, outside the FLITE System, or its successor systems, except
that said data base repository may be duplicated and stored in
the data base repository of the Justice Department Computerized
Legal Research Operation, hereinafter referred to as JURIS, for
on line use by FLITE or its successor systems. In addition, such
duplicated data base repository may be made available for use by
JURIS subject to WEST granting JURIS a license to use the
converted data contained in said duplicated data base repository.
3. FLITE or its successor systems, will furnish as soon as
practicable without cost to WEST, a magnetic tape copy, or
machine-readable data in another form agreed upon by the parties,
including format documentation, of any machine-readable data
converted under this agreement. Any tapes will have recording
specification 9 track EBCDIC, 800 or 1600 bit/inch, or such other
specifications agreed upon by the parties.
4. No further or other license is granted or intended to be
granted under this agreement.
ARTICLE II. TERM OF AGREEMENT
This license hereby granted shall remain in full force and
effect for the full term of copyright in any of the material
contained in the aforementioned publications, unless sooner
terminated as hereinafter provided.
ARTICLE III. CREDIT LINE
A credit line shall appear on all hard copy printouts that
may contain WEST's copyrighted material substantially as follows:
"This document may contain copyrighted material reproduced
pursuant to a license from West Publishing Company. Further
reproduction is not authorized without the consent of West
Publishing Company."
ARTICLE IV. TERMINATION
1. Notwithstanding any provisions of this agreement, AIR
FORCE shall have the right to terminate this agreement by giving
WEST not less than thirty (30) days notice in writing of the date
such termination is to be effective.
2. In the event that any breach by AIR FORCE of this
agreement remains uncured for a period of thirty (30) days after
receipt from WEST of a written notice thereof to AIR FORCE, WEST
thereupon shall have the right to terminate this agreement upon
giving to AIR FORCE written notice of its intention to so do. No
acquiescence by WEST to any breach of this agreement shall
operate to excuse any subsequent breach by AIR FORCE.
3. It is further agreed by the parties hereto that in the
event that any private or commercial concern shall gain access to
any portion of the machine-readable data base captured pursuant
to this agreement by any overt act of the Federal Government
without the express consent of WEST, WEST shall have the option
of terminating this agreement upon the giving of thirty (30) days
notice to FLITE or its successor systems.
ARTICLE V. RENEGOTIATION
If, five (5) years from the date of this agreement WEST
shall furnish evident tot he AIR FORCE that Federal Government
subscriptions to the publications named herein, or the Modern
Federal Practice Digest, or their successor publications, are
discontinued as a direct result of the services provided by
FLITE, WEST shall have the right to renegotiate the terms of this
agreement to include a reasonable prospective royalty in
consideration of the continued rights granted in ARTICLE I above
as pertains to any future published materials of said
publications. In such event, royalties shall be computed upon a
mutually agreed percent of the annual cost of each such
subscription discontinued by the Federal Government as a direct
result of the services provided by FLITE.
ARTICLE VI. REQUIRED ASPR CLAUSES
The following sections from the Armed Services Procurement
Regulations (ASPR), in effect as of the date of this agreement,
are incorporated herein by reference:
(a) Officials Not to Benefit 7-103.19
(b) Covenant Against Contingent Fees 7-103.20
(c) Gratuities 7-104.16
(d) Assignment of Claims 7-103.8
(e) Disputes 7-103.12
Copies of ASPR clauses (a)-(e) above are attached to this
agreement as Appendix A.
ARTICLE VII. Successors and Assigns
1. Upon the execution of this agreement by both parties
hereto it shall supersede the license agreement of 9 September
1974 between the parties and constitute the sole license
agreement concerning the publications specifically set forth
herein.
2. This agreement shall be binding upon WEST, its
successors and assigns, but nothing contained in this Article
shall authorize an assignment of any claim against the Government
otherwise than as permitted by law.
IN WITNESS WHEREOF, the parties hereto have caused these
present to be executed by their duly authorized officers and
representatives, as of the day, month and year first written
above.
WEST PUBLISHING COMPANY
BY Dwight Opperman (signed)
President
Accepted on behalf of the Department of the Air Force
BY
Harold R. Vague
Major General, USAF
The Judge Advocate General
United States Air Force
License Agreement - West Publishing Co. and United States of America
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