{"id":42479,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/license-agreement-west-publishing-co-and-united-states-of.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"license-agreement-west-publishing-co-and-united-states-of","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/license-agreement-west-publishing-co-and-united-states-of.html","title":{"rendered":"License Agreement &#8211; West Publishing Co. and United States of America"},"content":{"rendered":"<pre>                            LICENSE AGREEMENT\n\n     THIS AGREEMENT, effective the 14th day of April 1976, by and\nbetween West Publishing Company, having its place of business in\nSt. Paul, Minnesota, hereinafter called WEST, and the United\nStates of America, as represented by the Department of the Air\nForce, hereinafter called AIR FORCE.\n\n                             WITNESSETH THAT:\n\n     WHEREAS, WEST is the publisher of multivolume sets of books\ncalled Federal Reporter, Federal Reporter Second Series, Federal\nSupplement, Federal Rules Decisions, and U.S. Code Congressional\nand Administrative News;\n     AND WHEREAS, WEST warrants that it is the owner of the\nentire right, title and interest in the copyrights subsisting in\nsaid books and has the right to grant copyright license\nthereunder;\n     AND WHEREAS, the parties heretofore entered into a license\nagreement dated 9 September 1974 in which WEST granted to AIR\nFORCE an irrevocable, nonexclusive, nontransferable, royalty free\nlicense to capture, convert, translate, or store the information\nin WEST's publications known as the Federal Reporter, Federal\nReporter Second Series, Federal Supplement, Federal Rules\nDecisions, and any successor publications onto a machine readable\ndata base repository, and to make hard copy printouts and inhouse\ncathode ray tube displays by FLITE (then known as LITE) or its\nsuccessor systems, from said data base repository exclusively\nfrom Federal, State and Local Governments and Colleges and\nUniversities, and other authorized customers of FLITE or its\nsuccessor systems;\n     AND WHEREAS, AIR FORCE now desires to also capture, convert,\ntranslate, or store the information in the WEST publication known\nas the U.S. Code Congressional and Administrative NEWS onto a\nmachine readable data base repository, and to make hard copy\nprintouts and inhouse cathode ray tube display by FLITE or its\nsuccessor systems from said data base repository for servicing\ncomputerized legal research requests exclusively from Federal,\nState and Local Governments, and Colleges and Universities, and\nother authorized customers of FLITE or its successor systems;\n     AND WHEREAS, the parties desire to reexecute their license\nagreement of 9 September 1974 to include the West publication\nknown as the U.S. Code Congressional and Administrative News\nsubject to the same terms and conditions specified in said 9\nSeptember 1974 license agreement;\n     AND WHEREAS, this agreement is authorized by law;\n     NOW, THEREFORE, in consideration of the covenants, terms,\nand conditions hereinafter set forth, the parties hereto\nintending to be legally bound hereby, do covenant and agree as\nfollows:\n\nARTICLE I.  LICENSE\n     1.  WEST hereby grants to AIR FORCE and AIR FORCE hereby\naccepts, upon the terms and conditions hereinafter specified, and\nirrevocable, nonexclusive, nontransferable, royalty free license\nto capture, convert, translate or store the information in WEST's\npublications known as the Federal Reporter, Federal Reporter\nSecond Series, Federal Supplement, Federal Rules Decisions, U.S.\nCode  Congressional and Administrative News and any successor\npublications, onto a machine readable data base repository and to\nmake hard copy printouts and inhouse cathode ray tube displays by\nFLITE, or its successor systems, from said data base repository\nfor servicing computerized legal research requests exclusively\nfrom Federal, State, and Local Governments and Colleges and\nUniversities, and other authorized customers of FLITE and its\nsuccessor systems.  This license does not authorize FLITE, or its\nsuccessor systems, to provide terminal or any other remote access\nto any of the machine-readable data captured from the\npublications covered by this agreement to other than Federal\nGovernment personnel.\n\n     2.  This license grants no authority to disseminate, by any\nmeans, said machine-readable data base repository, in bulk or in\npart, outside the FLITE System, or its successor systems, except\nthat said data base repository may be duplicated and stored in\nthe data base repository of the Justice Department Computerized\nLegal Research Operation, hereinafter referred to as JURIS, for\non line use by FLITE or its successor systems.  In addition, such\nduplicated data base repository may be made available for use by\nJURIS subject to WEST granting JURIS a license to use the\nconverted data contained in said duplicated data base repository.\n\n     3.  FLITE or its successor systems, will furnish as soon as\npracticable without cost to WEST, a magnetic tape copy, or\nmachine-readable data in another form agreed upon by the parties,\nincluding format documentation, of any machine-readable data\nconverted under this agreement.  Any tapes will have recording\nspecification 9 track EBCDIC, 800 or 1600 bit\/inch, or such other\nspecifications agreed upon by the parties.\n\n     4.  No further or other license is granted or intended to be\ngranted under this agreement.\n\nARTICLE II.  TERM OF AGREEMENT\n\n     This license hereby granted shall remain in full force and\neffect for the full term of copyright in any of the material\ncontained in the aforementioned publications, unless sooner\nterminated as hereinafter provided.\n\nARTICLE III.  CREDIT LINE\n\n     A credit line shall appear on all hard copy printouts that\nmay contain WEST's copyrighted material substantially as follows:\n\n     \"This document may contain copyrighted material reproduced\n     pursuant to a license from West Publishing Company.  Further\n     reproduction is not authorized without the consent of West\n     Publishing Company.\"\n\nARTICLE IV.  TERMINATION\n\n     1.  Notwithstanding any provisions of this agreement, AIR\nFORCE shall have the right to terminate this agreement by giving\nWEST not less than thirty (30) days notice in writing of the date\nsuch termination is to be effective.\n\n     2.  In the event that any breach by AIR FORCE of this\nagreement remains uncured for a period of thirty (30) days after\nreceipt from WEST of a written notice thereof to AIR FORCE, WEST\nthereupon shall have the right to terminate this agreement upon\ngiving to AIR FORCE written notice of its intention to so do.  No\nacquiescence by WEST to any breach of this agreement shall\noperate to excuse any subsequent breach by AIR FORCE.\n\n     3.  It is further agreed by the parties hereto that in the\nevent that any private or commercial concern shall gain access to\nany portion of the machine-readable data base captured pursuant\nto this agreement by any overt act of the Federal Government\nwithout the express consent of WEST, WEST shall have the option\nof terminating this agreement upon the giving of thirty (30) days\nnotice to FLITE or its successor systems.\n\nARTICLE V.  RENEGOTIATION\n\n     If, five (5) years from the date of this agreement WEST\nshall furnish evident tot he AIR FORCE that Federal Government\nsubscriptions to the publications named herein, or the Modern\nFederal Practice Digest, or their successor publications, are\ndiscontinued as a direct result of the services provided by\nFLITE, WEST shall have the right to renegotiate the terms of this\nagreement to include a reasonable prospective royalty in\nconsideration of the continued rights granted in ARTICLE I above\nas pertains to any future published materials of said\npublications.  In such event, royalties shall be computed upon a\nmutually agreed percent of the annual cost of each such\nsubscription discontinued by the Federal Government as a direct\nresult of the services provided by FLITE.\n\nARTICLE VI.  REQUIRED ASPR CLAUSES\n\n     The following sections from the Armed Services Procurement\nRegulations (ASPR), in effect as of the date of this agreement,\nare incorporated herein by reference:\n          (a) Officials Not to Benefit  7-103.19\n          (b) Covenant Against Contingent Fees  7-103.20\n          (c) Gratuities  7-104.16\n          (d) Assignment of Claims  7-103.8\n          (e) Disputes  7-103.12\n     Copies of ASPR clauses (a)-(e) above are attached to this\nagreement as Appendix A.\n\nARTICLE VII.  Successors and Assigns\n\n     1.  Upon the execution of this agreement by both parties\nhereto it shall supersede the license agreement of 9 September\n1974 between the parties and constitute the sole license\nagreement concerning the publications specifically set forth\nherein.\n\n     2.  This agreement shall be binding upon WEST, its\nsuccessors and assigns, but nothing contained in this Article\nshall authorize an assignment of any claim against the Government\notherwise than as permitted by law.\n\n     IN WITNESS WHEREOF, the parties hereto have caused these\npresent to be executed by their duly authorized officers and\nrepresentatives, as of the day, month and year first written\nabove.\n\n                                   WEST PUBLISHING COMPANY\n\n\n                                   BY Dwight Opperman (signed)\n                                      President\n\n     Accepted on behalf of the Department of the Air Force\n\n                                   BY \n                                      Harold R. Vague\n                                      Major General, USAF\n                                      The Judge Advocate General \n                                      United States Air Force     \n\n   \n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9052],"corporate_contracts_industries":[9468],"corporate_contracts_types":[9613,9616],"class_list":["post-42479","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-thomson-corp","corporate_contracts_industries-media__other","corporate_contracts_types-operations","corporate_contracts_types-operations__ip"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42479","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42479"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42479"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42479"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42479"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}