DATA AND COPYRIGHTS submittal date specified in this notice. This notice shall be marked on any reproduction cf this data, in whole or in part. (c) The following paragraph (g) is authorized for insertion in the above clause (either at the time of contracting or subsequently by amendment) where it has teen determined pursuant to 9.202-3 (c) above that there is a real need for NASA to acquire a contractor's computer software type of protectible data: (g) Acquisition of Protectible Data-Computer Software. Upon written request of the Contracting cfficer for a ny computer software which has been withheld pursuant to paragraph (e) of this clause, the Contractor shall promptly furnish (including any data specifically identified in the contract as required to te furnished under this paragraph) such data. The following notice is authorized to be affixed to the data furnished and the Government will thereafter treat the data in accordance with such notice: RESTRICTED RIGHTS NOTICE This computer software is the property of is furnished under NASA contract No. subcontract and (and if appropriate). It may not be used, duplicated, nor disclosed by the Government except as provided below or as otherwise stated in the contract. The Government may: (i) use this computer software with the computer for which it was acquired, including use at any Government installation to which the computer may be transferred; (ii) u se this computer software with a backup computer if the computer for which it was acquired is inoperative; (iii) copy this computer software for safekeeping (archives) or backup purposes; (iv) modify this computer software or combine it with other software, subject to the provision that where the derivative software contains portions which remain identifiable as protectible data, such portions shall be subject to the same restricted rights; (v disclose this computer software for use by onsite employees of support service contractors providing such contractors agree to protect such computer software from unauthorized use, duplication or disclosure; and NASA PROCUREMENT REGULATION PATENTS, DATA AND COPYRIGHTS (vi) treat this computer software, if it bears a copyright notice, as a published copyrighted work licensed without disclosure prohibitions to the I Government with minimum rights in accordance with subparagraphs (i) through (iv) above. Any greater rights which the Government may have acquired in this computer software are stated in the contract. This notice shall be marked on any reproduction of this computer software, in whole or in fart. Where it is impractical to include the above notice a computer software in machine readable form, the following short form notice may be used in lieu thereof: RESTRICTED RIGHTS NOTICE (SHORT FORM) Duplication, use, or disclosure is subject to re strictions stated in contract No. with (name 9.203-4 Rights in Data-Special Situations. (a) The following clause shall be used in lieu of the clause of 9.203-3 in contracts having as a principal Furpose the development of computer software, and shall also be used in addition to the clause of 9.203-3 in contracts which have, as a portion of the total effort, a significant requirement for the development of computer software. In the latter case the contract shall specify which portion of the contract work is covered by which clause. RIGHTS IN DATA-SPECIAL SITUATIONS (a) Definitions. (1) "Data" means recorded information, such as but not limited to writings, drawings, recordings, and pictorial representations, regardless of form or the media on which it may be recorded. The term does not include information related to contract administration, such as financial and business reports. (2) "Computer Software" means data in the form of computer programs, computer data bases, and documentation thereof. (3) "Subject Data" means da ta specified to be or which are in fact delivered pursuant to this contract, CFR TITLE 41 CHAPTER 18 DATA AND COPYRIGHTS and data first produced in performance of this contract. (4) Reserved. (b) Rights. (1) The Government shall have the right to use, cuplicate, and disclose, in whole or in part, in any manner and for any purpose whatsoever, and have others so do, all subject data unless otherwise limited below. (2) The Government shall have the right at any time to correct, cancel, cr ignore any restrictive notice or legend on subject data not authorized by the terms of this contract. Restrictive notices are authorized only in the event paragraph (g) is included in this clause. (c) Copyright. (1) Subject Data First Produced Under This Contract. Except for scientific and technical articles based on the work performed under this contract and published in an academic or technical journal, the Contractor shall not, without prior written permission of the Contracting Officer, (i) establish a claim to statutory copyright in any subject data first produced under this contract, nor (ii) publish or release to others computer software first produced in the performance of this contract. The Government and others acting on its tehalf, shall have a royalty-free, nonexclusive, irrevocable, worldwide license for Governmental purpose s to publish, distribute, translate, copy, exhibit, and perform any such data copyrighted by the Contractor. (2) Subject Data Not First Produced Under This Contract. Except for computer software to be furnished Fursuant to paragraph (g) herein, the contractor shall not incorporate copyrighted data in subject data not first produced under this contract unless: (i) the Contractor grants to the Government, and. cthers acting on its behalf, without expense to the Government, a royalty-tree, nonexclusive, irrevocable, worldwide license for Governmental purposes, to Fublish, distribute, translate, copy, exhibit, perform such copyrighted subject data; or and (ii) the contractor obtains the written permission of the Contracting Officer. (d) Relationship to Patents. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope cf any license or other right otherwise granted to the Government under any patent. (e) Reserved. NASA PROCUREMENT REGULATION PATENTS, DATA AND COPYRIGHTS (£) Reserved. (g) Reserved. (b) The following paragraphs (a) (4) and (g) are authorized for insertion in the above clause where it has been determined that the computer software to be furnished under a contract includes a contractor's computer software type of protectible data which the contractor wishes to protect: (a) (4) "protectible Data" means computer software developed at private expense which has been protected ty Contractor from unrestricted use, duplication, or disclosure by others. (g) Acquisition of Protectible Data-Computer Software. Computer software may be identified in the contract as being subject to this paragraph (9). Frovided such data qualifies as protectible data under paragraph (a) (4) and if the Contractor desires to continue protection of such data, the following notice | shall be affixed to the data when furnished and the Government will thereafter treat the data in accordance with such notice: subcontract .. RESTRICTED RIGHTS NOTICE and This computer software is the property of is furnished under NASA contract No. (and if appropriate). It may not be used, duplicated, ncr disclosed by the Government except as provided below or as otherwise stated in the contract. The Government may: (i) use this computer software with the computer for which it was acquired, including use at any Government installation to which the computer may be transferred; (ii) use this computer software with a backup computer if the computer for which it was acquired is inoperative; (iii) copy this computer software for safekeeping (archives) or backup purposes; (iv) modify this computer software or combine it with cther software, subject to the provision that where the derivative software contains portions which remain identifiable as protectible data, such fcrtions te subject to the same restricted rights; shall CFR TITLE 41 CHAPTER 18 DATA AND COPYRIGHTS (v) disclose this computer software for use by onsite employees of support service contractors providing such contractors agree to protect such computer software from unauthorized use, duplication or disclosure; and (vi) treat this computer software, if it bears a copyright notice, as a published copyrighted work licensed without disclosure prohibitions to the l Government with minimum rights in accordance with subparagraphs (i) through (iv) above. Any greater rights which the Government may have acquired in this computer software are stated in the contract. This notice shall be marked on any reproduction of this computer software, in whole or in part. Where it is impractical to include the above notice cn computer software in machine readable form, the following short form notice may be used in thereof: RESTRICTED RIGHTS NOTICE (SHORT FORM) lieu Use, duplication, or disclosure is subject to restrictions stated in contract No.. with (name of Contractor) sound 9.20 3-5 Rights in Data-Production of Mction Pictures. The "Rights in Data-Special Situations" clause of 9.213-4, with the additions of paragraphs (h) and (i) below, shall be used in contracts for the production of notion Fictures, preparation of scripts, musical compositions, tracks, video recordings, translations, adaptations and the like intended for general release to the public (as opposed to using notion pictures to record scientific and technical data). The clause in 9.203-4 with the addition of Faragraphs (h) and (i) below shall also be used in addition to the "Rights in Data-General" clause of 9.203-3 (a), where works of the type set forth above are cnly a portion of the work specified in the contract, in which case the contract shall specify which portion of the contract work is covered by which clause. Release Restrictions. (h) Unless otherwise specifically provided for by this ccntract, the Contractor shall not use for purposes other than this contract, nor copy, publish, or release any subject data first produced in the performance of this contract NASA PROCUREMENT REGULATION |