Attachment_C_NPSAmendmentToLicenseAgreement.docx

DOCX document 17 KB Posted

Attached to
HAFC FOLS EXHIBIT VIDEO Federal contract opportunity
Solicitation number
140P2124R0054
Issued by
Department of the Interior National Park Service

About this file

This document is an Amendment to a License Agreement applicable to federal government end users, specifically the National Park Service (NPS). The key details are:

The Amendment takes precedence over any other agreement between the parties regarding licensing of content. It accommodates the special requirements of federal law for government entities like the NPS when entering into licensing agreements. The key terms include: 1) The NPS is the intended end-user and a license transfer to the NPS will not void the agreement; 2) The NPS will not be liable for indemnification claims, but will cooperate in submitting claims under the Federal Tort Claims Act; 3) Any disputes must be governed by U.S. federal law and brought in the U.S. Federal Court system; 4) The rights and obligations are not contingent on additional fees; 5) Attorney's fees are only payable by the NPS pursuant to the Equal Access in Justice Act; and 6) Copyright infringement suits against the U.S. must be defended by the Department of Justice.

The related federal contract opportunity is for a solicitation by the Department of the Interior National Park Service to obtain an HAFC FOLS Exhibit Video. No other details about the contract opportunity are provided in the document.

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Text version

Attachment C

AMENDMENT TO LICENSE AGREEMENT

APPLICABLE TO FEDERAL GOVERNMENT END USERS

This Amendment, which takes precedence over any other Agreement between the Parties regarding licensing of content, applies to acquisitions of licenses by the National Park Service (NPS) or by any prime contractor or subcontractor under any contract with the NPS where the NPS is the intended end-user of the licensed material.

As a United States Government entity, the NPS is required, when entering into agreements with other parties, to follow applicable federal laws and regulations. You and the NPS (collectively referred to as the “Parties”) agree that modifications to any agreement regarding licensing of copyrighted content are necessary to accommodate the special requirements of federal law.

The Parties agree as follows:

Transferability: The NPS is the intended end-user of all licensed content. If the content is licensed by a contractor, then a transfer of the license shall not void the Agreement.

Indemnification: The NPS will not be liable for any claim for indemnification as such payments violate the Anti-Deficiency Act (31 U.S.C. Section 1341(a)). NPS agrees to cooperate, to the extent allowed by law, in the submission of claims, pursuant to the Federal Tort Claims Act, against the United States for any costs or expenses of any nature related or arising out of the improper use of the licensed content. This includes claims related to or arising out of any infringement of any copyrights owned by others as a result of the use of the licensed content in any manner not permitted by the terms of the Agreement to which this Amendment pertains.

Governing law, Jurisdiction and Venue: Any claim or dispute involving the NPS arising out of this Agreement is governed by the laws of the United States of America without regard to choice of law principles. All actions involving the NPS must be brought in the United States Federal Court system.

No Cost Agreement: The Parties agree that the rights and obligations of this Amendment are not contingent upon the payment of additional fees by one party to the other.

Attorney’s Fees: Attorney’s fees are only payable by the NPS pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. Any inconsistent obligation is waived.

Copyright Infringement: Copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). Therefore any indemnification on the part of licensee regarding copyright infringement suits shall not be contingent upon licensee having control over the resulting litigation.

No Obligation Created: This Amendment is intended to modify existing obligations. Nothing in this Amendment shall be construed to create an obligation on the part of the NPS where such obligation does not exist by the terms of the Agreement to which this Amendment pertains.

LICENSOR:

NAME: ____________________________

DATE: ____________________________

LICENSEE:

NAME:_____________________________

DATE:_____________________________

File details come from the government source that posted it. Updated .