Attachment_C_NPS_AmendmentToLicenseAgreement.pdf
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- Attached to
- WASO_MORU_INTERPRETIVE FILMS Federal contract opportunity
- Solicitation number
- 140P2122R0029
About this file
This document is an amendment to a license agreement applicable to federal government end users. The amendment modifies an existing license agreement between a licensor and the National Park Service or its contractors to comply with federal laws and regulations. Key modifications include allowing license transfers without voiding the agreement, waiving indemnification which violates federal law, designating federal courts for disputes, making the agreement not contingent on additional payment of fees, limiting payment of attorney fees, and clarifying that copyright infringement claims can only be defended by the Department of Justice. The purpose is to standardize license agreements when the NPS is the intended end user of licensed content.
The related federal contract opportunity is a solicitation from the National Park Service seeking interpretive films for the WASO_MORU division. No other details are provided on required products or services, response dates, or other salient information.
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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:_____________________________
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