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A. Definitions. As used in this Paragraph, the terms (1) „Employee” includes a consultant or other person who furnishes services in the performance of this contract with the consent of Contractor whether or not paid directly by Contractor; (2) „NATO Government” includes the Government of any nation which is now or hereafter becomes a member of NATO; (3) „Governmental Purposes” means the making of copies or the exercise of any other copyright right by or for any NATO Government that is necessary or important to the mutual defense of NATO nations; and (4) „Subject Copyright” means the copyright in, and the right to establish copyright in, any copyrightable material first produced or composed in the performance of work under this contract by Contractor's Employees.
B. Employee Agreement. Except as otherwise authorized by the United States Advisor, the Contractor shall not permit any Employee to work on this contract except upon the condition that such Employee (1) agree to assign to the Contractor all Subject Copyrights of which he is the author or originator, and (2) grant to the Contractor and to NATO Governments designated by SHAPE an irrevocable, non-exclusive, royalty-free license for Governmental Purposes under any copyright which he owns or controls and which he includes or causes to be included in any material produced or composed in the performance of this contract.
C. Establishing Copyright. The Contractor shall establish copyright in the Netherlands as to such copyrightable material as the United States Advisor shall direct. The Contractor may at its own expense establish copyright with the consent of the United States Advisor as to such other copyrightable material as it desires, provided that to do so does not violate NATO Security Regulations, and the Contractor may at its own expense, and to the extent required by the laws of the country concerned, apply for registration of copyright in any country for such material, with the consent of the United States Advisor, provided that to do so does not violate NATO Security Regulations.
D. Copyright Assignments to NATO Governments. The Contractor shall assign without charge to NATO Governments which are designated by SHAPE and which agree to safeguard the security of information in accordance with NATO Security Regulations, upon request of such Government, the copyright right within the territorial limits of the country of that Government, for any Subject Copyright, provided that such NATO Government shall have agreed to grant an irrevocable, nonexclusive, royalty-free license within its territorial limits for Governmental Purposes to each other NATO Government under Subject Copyright.
E. License under Contractor's Copyright Rights. Contractor agrees to grant to NATO Governments designated by SHAPE an irrevocable, nonexclusive, royalty-free license for Governmental Purposes under any copyright in Subject Copyrights which the Contractor shall establish in any country.
F. Contractor's Copyright Returns. Any financial returns derived by Contractor from commercial exploitation of Subject Copyrights shall inure to the benefit of the Center.