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Agreement No. NTIS-1832
Pursuant to Section 3704b(a)(1)A of Title 15 of the United States Code, the
National Technical Information Service (NTIS), a bureau within the Department of
Commerce that operates on a self-sustaining basis without annual appropriations,
and Public.Resource.Org, Inc. (PRO), a company incorporated under the laws of the
State of California, hereby agree to enter into a joint venture to promote public
access to multimedia products in the NTIS collection. The joint venture
is based on an unsolicited proposal by PRO.
- Each month NTIS will select between ten and twenty non-copyrighted videotapes
from available stock in its collection and ship them to PRO at its own expense.
- Immediately upon receipt, PRO will, at its own expense, digitize the
videotape and return the videotape and a copy in digital video
disk (DVD) format to NTIS. The videotape and the DVD copy are
both considered to be property of the United States Government. PRO will normally
return the videotape and DVD within 15 days of receipt. A monthly submission to PRO will
normally not occur until the DVDs sent the previous month have been
returned to NTIS.
- PRO will reimburse NTIS for the retail value of any videotape not returned
to NTIS as provided in section 2.
- Each party is free to make the content of the videotape available
to the public through a web site or other means in any format and at
any price, or for free, and to retain 100% of the revenue from any
sales of the content.
- PRO will assert no intellectual property claim to the content provided by
NTIS or the resulting DVD in any manner whatsoever.
- Nothing in this joint venture purports to be an exclusive arrangement.
NTIS may provide content in its videotape collection, including content digitized
by PRO under this agreement, to any other business partner.
- Unless renewed earlier, this joint venture will terminate one year
from the date of execution, except that either party may terminate it with
60 days written notice to the other. If NTIS terminates, PRO may either return
any videotapes it has not yet digitized at NTIS' expense or it may treat those videotapes as subject
to section 4. If PRO terminates, it may either return any videotapes not
yet digitized at its own expense or it may treat those videotapes
as subject to section 4.
- Neither party may assign its rights under this Agreement to a third party
without the written consent of the other party.
- This agreement will be construed in accordance with applicable
Federal law as construed by the United States Court of Federal Claims.
- Nothing in this agreement shall be construed as creating a
partnership and neither party shall have the power to bind the other in any respect.
Carl Malamud, President
1005 Gravenstein Hwy North
Sebastopol CA 95472
Product and Program Management