Intellectual Property/Work Product Ownership. All data, technical information, materials first gathered, originated, developed, prepared, or obtained as a condition of this agreement and used in the performance of this agreement — including, but not limited to all reports, surveys, plans, charts, literature, brochures, mailings, recordings (video or audio), pictures, drawings, analyses, graphic representations, software computer programs and accompanying documentation and printouts, notes and memoranda, written procedures and documents, which are prepared for or obtained specifically for this agreement, or are a result of the services required under this grant — shall be considered “work for hire” and remain the property of The Breakthrough System, regardless of the state of completion unless otherwise specified in this agreement.

With respect to software computer programs and / or source codes first developed for The Breakthrough System, all the work shall be considered “work for hire,” i.e., The Breakthrough System, not the Party (or subcontractor or sub-grantee), shall have full and complete ownership of all software computer programs, documentation and/or source codes developed. 

Party shall not sell or copyright a work product or item produced under this agreement without explicit permission from the The Breakthrough System. If Party is operating a system or application on behalf of The Breakthrough System, Party shall not make information entered into the system or application available for uses by any other party without prior authorization by The Breakthrough System.

Nothing herein shall entitle The Breakthrough System to pre-existing Party’s materials. Party acknowledges and agrees that should this agreement be in support of The Breakthrough System ‘s implementation of all it’s including, but not limited to all reports, surveys, plans, charts, literature, brochures, mailings, recordings (video or audio), pictures, drawings, analyses, graphic representations, software computer programs and accompanying documentation and printouts, notes and memoranda, written procedures and documents, which are prepared for or obtained specifically for this agreement, or are a result of the services required under this grant.