|
authorship throughout the world, including but not limited to copyrights, moral rights
<br /> and mask - works, (b) trademark and trade name rights and similar rights, (c) trade secrets
<br /> rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other
<br /> intellectual and industrial property rights (of every kind and nature throughout the
<br /> universe and however designated), whether arising by operation of law, contract, license,
<br /> or otherwise, and (f) all registrations, initial applications, renewals, extensions,
<br /> continuations, divisions or reissues hereof now or hereafter in force (including any rights
<br /> in any of the foregoing), of such Person.
<br /> 1.14. "Operational Period" means the period of time during the Term, commencing on
<br /> the Installation Date, during which the Program is functional in order to permit the
<br /> issuance of Citations using the Redflex System.
<br /> 1.15. "Person" means a natural individual, company, Governmental Authority,
<br /> partnership, firm, corporation, legal entity or other business association.
<br /> 1.16. "Project Manager" means the project manager appointed by the Customer in
<br /> accordance with this Agreement, which shall be an Authorized Employee and shall be
<br /> responsible for overseeing the installation of the Intersection Approaches and the
<br /> implementation of the Program, and which manager shall have the power and authority
<br /> to make management decisions relating to the Customer's obligations pursuant to this
<br /> Agreement, including but not limited to change order authorizations, subject to any
<br /> limitations set forth in the Customer's charter or other organizational documents of the
<br /> Customer or by the city counsel or other governing body of the Customer.
<br /> 1.17. "Potential Violation" means, with respect to any motor vehicle passing through a
<br /> Designated Intersection Approach, the data collected by the Redflex System with respect
<br /> to such motor vehicle, which data shall be processed by the Redflex System for the
<br /> purposes of allowing the Authorized Employee to review such data and determine
<br /> whether a traffic violation has occurred.
<br /> 1.18. "Proprietary Property" means, with respect to any Person, any written or tangible
<br /> property owned or used by such Person in connection with such Person's business,
<br /> whether or not such property is copyrightable or also qualifies as Confidential
<br /> Information, including without limitation products, samples, equipment, files, lists,
<br /> books, notebooks, records, documents, memoranda, reports, patterns, schematics,
<br /> compilations, designs, drawings, data, test results, contracts, agreements, literature,
<br /> correspondence, spread sheets, computer programs and software, computer print outs,
<br /> other written and graphic records and the like, whether originals, copies, duplicates or
<br /> summaries thereof, affecting or relating to the business of such Person, financial
<br /> statements, budgets, projections and invoices.
<br /> 1.19. "Redflex Marks" means all trademarks registered in the name of Redflex or any
<br /> of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or
<br /> in relation to the Program at any time during the Term this Agreement, service marks,
<br /> trade names, logos, brands and other marks owned by Redflex, and all modifications or
<br /> adaptations of any of the foregoing.
<br /> 1.20. "Redflex Project Manager" means the project manager appointed by Redflex in
<br /> accordance with this Agreement, who shall be responsible for overseeing the
<br /> construction and installation of the Designated Intersection Approaches and the
<br /> implementation the Program, and who shall have the power and authority to make
<br /> management decisions relating to Redflex's obligations pursuant to this Agreement,
<br /> including but not limited to change -order authorizations.
<br /> 1.21. "Redflex System" means, collectively, the Salus® and /or SMARTcam® System,
<br /> the SMARTscene® System, and all of the other equipment, applications, cameras,
<br /> sensors, components, motor vehicles and other tangible and intangible property relating
<br /> thereto, to enable Redflex to enforce a minimum of one lane of travel at a designated
<br /> 3
<br />
|