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RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE (1974 NOV) (a) Definitions.

(1) Technical Data means recorded information, regardless of form or characteristic, of a scientific or technical nature. It may, for example, document research, experimental, developmental or engineering work; or be usable or used to define a design or process or to procure, produce, support, maintain, or operate materiel. The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents; or computer printouts. Examples of technical data include research and engineering data, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications and related information and computer software documentation. Technical data does not include computer software or financial, administrative, cost and pricing, and management data or other information incidental to contract administration.

(2) Computer - a data processing device capable of accepting data, performing prescribed operations on the data, and supplying the results of these operations; for example, a device that operates on discrete data by performing arithmetic and logic processes on these data, or a device that operates on analog data by performing physical processes on the data.

(3) Computer Sofrware - computer programs and computer data bases.

(4) Computer Program - a series of instructions or statements in a form acceptable to a computer, designed to cause the computer to execute an operation or operations. Computer programs include operating systems, assemblers, compilers, interpreters, data management systems, utility programs, sort-merge programs, and ADPE maintenance/diagnostic programs, as well as applications programs such as payroll, inventory control, and engineering analysis programs. Computer programs may be either machine-dependent or machine-independent, and may be general-pur. pose in nature or designed to satisfy the requirements of a particular user.

(5) Computer Data Buse - a collection of data in a form capable of being processed and operated on by a computer.

(6) Computer Software Documentation - Technical data, including computer listings and printouts, in human-readable form which (i) documents the design or details of computer software, (ii) explains the capabilities of the software, or (iii) provides operating instructions for using the software to obtain desired results from a computer,

(7) Unlimited Righis means rights to use, duplicate, or disclose technical data or computer software in whole or in part, in any manner and for any purpose whatsoever, and to have or permit others to do so.

(8) Limited Righis means rights to use, duplicate, or disclose technical data, in whole or in part, by or for the Government, with the express limitation that such technical data shall not, without the written permission of the party furnishing such technical data be (a; released or disclosed in whole or in part outside the Government, (b) used in whole or in part by the Government for manufacture, or in the case of computer software documentation, for preparing the same or similar computer software, or (c) used by a party other than the Government, except for:

(i) emergency repair or overhaul work only, by or for the Government, where the item

or process concerned is not otherwise reasonably available to enable timely performance of the work, provided that the release or disclosure thercof outside the Government shall be made subject to a prohibition against further use, release or dis

closure; or (ii) release to a foreign government, as the interest of the United States may require,

only for information or evaluation within such government or for emergency repair

or overhaul work by or for such government under the conditions of (i) above. (9) Restricted Righis apply only to computer software, and include, as a minimum, the right

to:

(i) use computer software with the computer for which or with which it was acquired,

including use at any Government installation to which the computer may be trans

ferred by the Government; (ii) use computer software with a backup computer if the computer for which or with

which it was acquired is inoperative; (iii) copy computer programs for safekecping (archives) or backup purposes; (iv) modify computer software, or combine it with other software, subject to the provi

sion that those portions of the derivative software incorporating restricted rights soft

warc are subject to the same restricted rights; and (v) trcat computer software bearing a copyright notice as a published copyrighted work;

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and in addition, any other specific rights not inconsistent therewith listed or described in this contract or described in a license or agreement made a part of this contract. (b) Government Rights. (1) Unlimited Righis. The Government shall have unlimited rights in:

(i) technical data and computer software resulting directly from performance of experi

mental, developmental or research work which was specified as an element of per

formance in this or any other Government contract or subcontract; (ii) computer software required to be originated or developed under a Government con

tract, or generated as a necessary part of performing a contract; (iii) computer data bases, prepared under a Government contract, consisting of informa

tion supplied by the Government, information in which the Government has un

limited rights, or information which is in the public domain; (iv) technical data necessary to enable manufacture of end-items, components and

modifications, or to enable the performance of processes, when the end-items, components, modifications or processes have been, or are being, developed under this or any other Government contract or subcontract in which experimental, developmen· tal or research work is, or was specified as an element of contract performance, ex

cept technical data pertaining to items, components, processes, or computer software

developed at private expense (but see (2)(ii) below); (v) technical data or computer software prepared or required to be delivered under this

or any other Government contract or subcontract and constituting corrections or

changes to Government-furnished data or computer software; (vi) technical data pertaining to end-items; components or processes, prepared or

required to be delivered under this or any other Government contract or subcontract, for the purpose of identifying sources, size, configuration, mating and attachment characteristics, functional characteristics and performance requirements (“form, fit and function" data, e.g., specification control drawings, catalog sheets,

envelope drawings, etc.); (vii) manuals or instructional materials prepared or required to be delivered under this

contract or any subcontract hereunder for installation, operation, maintenance or

training purposes; (viii) technical data or computer software which is in the public domain, or has been or is

normally furnished without restriction by the Contractor or subcontractor; and (ix) technical data or computer software listed or described in an agreement incorporated

into the schedule of this contract which the parties have predetermined, on the basis of subparagraphs (i) through (viii) above, and agreed will be furnished with un

limited rights. (2) Limited Righis. The Government shall have limited rights in: (i) technical data, listed or described in an agreement incorporated into the Schedule of

this contract, which the parties have agreed will be furnished with limited rights; and (ii) technical data pertaining to items, components or processes developed at private ex:

pense, and computer software documentation related to computer software that is acquired with restricted rights, other than such data as may be included in the data

referred to in (b)(1)(i), (v), (vi), (vii), and (viii); provided that only the portion or portions of each piece of data to which limited rights are to be asserted pursuant to (2)(i) and (ii) above arc identified (for example, by circling, underscoring, or a note), and that the picce of data is marked with the legend below in which is inserted:

A. the number of the prime contract under which the technical data is to be

delivered,
B. the name of the Contractor and any subcontractor by whom the technical data

was generated, and
C. an explanation of the method used to identify limited rights data.

LIMITED RIGHTS LEGEND

Contract No. Contractor:

Explanation of Limited Rights Data Identification Method Used

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Those portions of this technical data indicated as limited rights data shall not, without the written permission of the above Contractor, be either (a) used, released or disclosed in whole or in part outside the Government, (b) used in whole or in part by the Government for manufacture or, in the case of computer software documentation, for preparing the same or similar computer software, or (c) used by a party other than the Government, except for: (i) emergency repair or overhaul work only, by or for the Government, where the item or process concerned is not otherwise reasonably available to enable timely performance of the work, provided that the release or disclo sure hereof outside the Government shall be made subject to a prohibition against further use, release or disclosure; or (ii) release to a foreign government, as the interest of the United States may require, only for information or evaluation within such government or for emergency repair or overhaul work by or for such government under the conditions of (i) above. This legend, together with the indications of the portions of this data which are subject to such limitations shall be included on any reproduction hereof which includes any part of the portions subject to such limitations.

(3) Restricted Rights. The Government shall have restricted rights in computer software, listed or described in a license or agreement made a part of this contract, which the parties have agreed will be furnished with restricted rights, provided, however, notwithstanding any contrary provision in any such license or agreement, the Government shall have the rights in (a)(9)(i) through (v). Such restricted rights are of no effect unless the computer software is marked by the Contractor with the following legend:

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and the related computer software documentation includes a prominent statement of the restrictions applicable to the computer software.

(4) No legend shall be marked on, nor shall any limitation or restriction on rights of use be asserted as to, any data or computer software which the Contractor has previously delivered to the Government without restriction. The limited or restricted rights provided for by this paragraph shall not impair the right of the Government to use similar or identical data or computer software acquired from other sources. (c) Material Covered by Copyright.

(1) In addition to the rights granted under the provisions of (b) above, the Contractor agrees to and does hereby grant to the Government a royalty-free, nonexclusive and irrevocable license throughtout the world for Government purposes to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all technical data and unlimited rights computer software prepared or required to be delivered under the contract, now or hereafter covered by copyright

(2) Copyrighted matter shall not be included in technical data furnished hereunder without the written permission of the copyright owner for the Government to use such copyrighted matter in the manner described in (c)(1) above, unless the written approval of the Contracting Officer is obtained.

(3) The Contractor shall report to the Government (or higher-tier Contractor) promptly and in reasonable written detail each notice or claim of copyright infringement received by the Contractor with respect to any technical data or computer software delivered hereunder.

(d) Removal of Unauthorized Markings. Notwithstanding any provision of this contract concerning inspection and acceptance, the Government may correct, cancel, or ignore any marking not authorized by the terms of this contract on any technical data or computer software furnished hereunder, if:

(i) the Contractor fails to respond within sixty (60) days to a written inquiry by the

Government concerning the propriety of the markings, or

(ii) the Contractor's response fails to substantiate, within sixty (60) days after written

notice, the propriety of limited rights markings by clear and convincing evidence, or of restricted rights markings by identification of the restrictions set forth in the con

tract. In either case the Government shall give written notice to the Contractor of the action taken.

(e) Relation to Patents. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent.

(f) Limitation on Charges for Data and Computer Software. The Contractor recognizes that the Government or a foreign government with funds derived through the Military Assistance Program or otherwise through the United States Government may contract for property or services with respect to which the vendor may be liable to the Contractor for charges for the use of technical data or computer software on account of such a contract. The Contractor further recognizes that it is the policy of the Government not to pay in connection with its contracts, or to allow to be paid in connection with contracts made with funds derived through the Military Assistance Program or otherwise through the United States Government, charges for data or computer software which the Government has a right to use and disclose to others, which is in the public domain, or which the Government has been given without restrictions upon its use and disclosure to others. This policy does not apply to reasonable reproduction, handling, mailing, and similar administrative costs incident to the furnishing of such data or computer software. In recognition of this policy, the Contractor agrees to participate in and make appropriate arrangements for the exclusion of such charges from such contracts, or for the refund of amounts received by the Contractor with respect to any such charges not so excluded. (8) Acquisition of Data and Computer Software from Subcontractors.

(1) Whenever any technical data or computer software is to be obtained from a subcontractor under this contract, the Contractor shall use this same clause in the subcontract, without alteration, and no other clause shall be used to enlarge or diminish the Government's or the Contractor's rights in that subcontractor data or computer software which is required for the Government.

(2) Technical data required to be delivered by a subcontractor shall normally be delivered to the next-higher tier Contractor. However, when there is a requirement in the prime contract for data which may be submitted with limited rights pursuant to (b)(2) above, a subcontractor may fulfill such requirement by submitting such data directly to the Government rather than through the prime Contractor.

(3) The Contractor and higher-tier subcontractors will not use their power to award subcontracts as economic leverage to acquire rights in technical data or computer software from their subcontractors for themselves.

(End of clause)

(b) Notice of Certain Limited Rights. The paragraph (h) set forth below may be added to the clause in (a) above in any contract in which the contracting officer desires notification of limited rights data (see 9–202.2(g)).

(h) (1) Unless the Schedule provides otherwise, and subject to (2) below, the Contractor will promptly notify the Contracting Officer in writing of the intended use by the Contractor or a subcontractor in performance of this contract of any item, component or process for which technical data would fall within paragraph (b)(2) above. (2) Such notification is not required with respect to: (i) standard commercial items which are manufactured by more than one source of

supply; or (ii) items, components or processes for which such notice was given pursuant to

predetermination of rights in technical data in connection with this contract. (3) Contracting Officer approval is not necessary under this clause for the Contractor to use the item, component or process in the performance of the contract. (1972 APR)

(c) Technical Data Clause-Specific Acquisition. In accordance with 9-203(c), insert the following clause.

RIGHTS IN TECHNICAL DATA-SPECIFIC ACQUISITION (1974 NOV)

(a) Definition. Technical Data means recorded information, regardless of form or characteristic, of a scientific or technical nature. It may, for example, document research, experimental, developmental or engineering work; or be usable or used to define a design or process or to procure, produce, support, maintain, or operate materiel. The data may be graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design type documents; or computer printouts. Examples of technical data include research and engineering data, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information, and documentation related to computer software. Technical data does not include computer software or financial, administrative, cost and pricing, and management data, or other information incidental to contract administration.

(b) Government Rights. The Government may duplicate, use and disclose in any manner and for any purpose whatsoever, and have others so do, all or any part of the technical data delivered by the Contractor to the Government under this contract. (c) Material Covered by Copyright.

(1) In addition to the rights granted under the provisions of (b) above, the Contractor agrees to and does hereby grant to the Government a royalty-free, nonexclusive and irrevocable license throughout the world for Government purposes to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all technical data, required to be delivered under the contract, now or hereafter covered by copyright.

(2) Copyrighted matter shall not be included in technical data furnished hereunder without the written permission of the copyright owner for the Government to use such copyrighted matter in the manner described in (c)(1) above, unless the written approval of the Contracting Officer is obtained.

(3) The Contractor shall report to the Government (or higher-tier Contractor) promptly and in reasonable written detail each notice or claim of copyright infringement received by the Contractor with respect to any technical data delivered hereunder.

(d) Relation to Patents. Nothing contained in this clause shall imply a license to the Government under any patent, or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent.

(e) Limitation on Charges for Data. The Contractor recognizes that the Government, or a foreign government with funds derived through the Military Assistance Program or otherwise through the United States Government, may contract for property or services with respect to which the vendor may be liable to the Contractor for charges for the use of technical data on account of such a contract. The Contractor further recognizes that it is the policy of the Goverment not to pay in connection with its contracts, or to allow to be paid in connection with contracts made with funds derived through the Military Assistance Program or otherwise through the United States Government, charges for data which the Government has a right to use and disclose to others, which is in the public domain, which the Government has been given without restrictions upon its use and disclosure to others. This policy does not apply to reasonable reproduction, handling, mailing, and similar administrative costs incident to the furnishing of such data. In recognition of this policy, the Contractor agrees to participate in and make appropriate arrangements for the exclusion of such charges from such contracts, or for the refund of amounts received by the Contractor with respect to any such charges not so excluded.

(End of clause)

(d) Deferred Delivery of Technical Data or Computer Software. In accordance with 9-502(b), insert the following clause.

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