CONTRACT CLAUSES AND SOLICITATION PROVISIONS (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 Rights apply only to computer software, and include, as a minimum, the right (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 transferred 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 safekeeping (archives) or backup purposes; (iv) modify computer software, or combine it with other software, subject to the provision that those portions of the derivative software incorporating restricted rights software are subject to the same restricted rights. 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. (10) Commercial Computer Software Computer software which is used regularly for other than Government purposes and is sold, licensed or leased in significant quantities to the general public at established market or catalog prices. (b) Government Rights. (1) Unlimited Rights. The Government shall have unlimited rights in: (i) technical data and computer software resulting directly from performance of experimental, developmental or research work which was specified as an element of performance in this or any other Government contract or subcontract; (ii) computer software required to be originated or developed under a Government contract, or generated as a necessary part of performing a contract; (iii) computer data bases, prepared under a Government contract, consisting of information supplied by the Government, information in which the Government has unlimited 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, developmental or research work is, or was specified as an element of contract performance, except technical data pertaining to items, components, processes, or computer software developed at private expense (but see (2)(ii) below); (♥) 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; 7-104.9 ARMED SERVICES PROCUREMENT REGULATION 33-103 0-84-8 DAC #76-27 15 MAY 1981 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (viii) technical data or computer software which is in the public domain, or has been or i normally released or disclosed by the Contractor or subcontractor without restriction on further disclosure; 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 limited rights. (2) Limited Rights. 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) unpublished technical data pertaining to items, components or processes developed at private expense, and unpublished 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)(1), (v), (vi), (vii), and (viii). The word unpublished, as applied to technical data and computer software documentation, means that which has not been released to the public nor been furnished to others without restriction on further use or disclosure. For the purpose of this definition, delivery of limited rights technical data to or for the Government under a contract does not, in itself, constitute release to the public. Limited rights shall be effective provided that only the portion or portions of each piece of data to which limited rights are to be asserted pursuant to (2)(1) and (ii) above are identified (for example, by circling, underscoring, or a note), and that the piece 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 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 7-104.9 ARMED SERVICES PROCUREMENT REGULATION DAC #76-27 15 MAY 1981 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 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 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. (A) 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 (iv). Such restricted rights are of no effect unless the computer software is marked by the Contractor with the following legend: and the related computer software documentation includes a prominent statement of the restrictions applicable to the computer software. The Contractor may not place any legend on computer software indicating restrictions on the Government's rights in such software unless the restrictions are set forth in a license or agreement made a part of this contract prior to the delivery date of the software. Failure of the Contractor to apply a restricted rights legend to such computer software shall relieve the Government of liability with respect to such unmarked soft ware. (B) Notwithstanding (A) above, commercial computer software and related documentation developed at private expense and not in public domain may, if the Contractor so elects, be marked with the following Legend: RESTRICTED RIGHTS LEGEND Use, duplication, or disclosure by the (Name of Contractor and Address) 7-104.9 ARMED SERVICES PROCUREMENT REGULATION DAC #76-27 15 MAY 1981 CONTRACT CLAUSES AND SOLICITATION PROVISIONS When acquired by the Government, commercial computer software and related documentation so legended shall be subject to the following: (i) (11) (iii) Title to and ownership of the software and Use of the software and documentation The Government shall not provide or (v) software, provided that the unmodified If the Contractor, within sixty (60) 7-104.9 ARMED SERVICES PROCUREMENT REGULATION DAC #76-27 15 MAY 1981 CONTRACT CLAUSES AND SOLICITATION PROVISIONS Restricted Rights Legend are commercial written requests shall be addressed to (4) No legend shall be marked on, nor shall any limitation or restriction on rights of us. The 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 para 7-104.9 ARMED SERVICES PROCUREMENT REGULATION |