CATA AND COPYRIGHTS (v) disclose this computer software for use by onsite employees of support service contractors providing such contractors agree to Frotect 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 | 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 lieu thereof: RESTRICTED RIGHTS NOTICE (SHORT FORM) Use, duplication, or disclosure is subject to restrictions stated in contract No.. .. with (name of Contractor) 9.203-5 Rights in Data-Production of Mction Pictures. The "Rights in Data-Special Situations" clause of 9.203-4, with the additions of paragraphs (h) and (i) below, shall be used in contracts for the production of notion pictures, preparation of scripts, musical compositions, sound 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 contract, the Contractor shall not use for purposes other than this contract, nor copy, publish, or release any any subject data first produced in the performance of this contract NASA PROCUREMENT REGULATION PATENTS, DATA AND COPYRIGHTS nor authorize others so to do without permission of the Contracting officer. (i) Indemnity. The Contractor shall indemnify, and save and hold harmless, the Government, its officers, agents, and employees, acting within the scope of their official duties, and on behalf of the Government, against any liability, including costs and expenses for (i) the violation of proprietary rights, copyright, right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use cr disposition of any data furnished under this contract; and (ii) any libelous or other unlawful matter contained in such data. The provisions of this Faragraph do not apply to material furnished to the Contractor by the Government and incorporated in subject data. 9.203-6 Rights in Data-Potentially Hazardous Items. (a) When procuring items designated in accordance with 1.351 as potentially hazardous, the policies and instructions set forth in this paragraph shall prevail cver all other policies and instructions contained in this Subpart 2. The term "items" as used herein includes components of items. (b) The "Rights in Data-General" clause, in addition to the clause of 1.351 (c)(ii), set forth in 9.203-3 shall be included in the contract calling for such items and the following clause shall also be made a Fart of the contract. RIGHTS IN DATA-POTENTIALLY HAZARDOUS ITEMS (a) Paragraph clause of this (JANUARY 1977) (e) of the "Rights in Data-General" contract shall not apply to, and therefore there shall be no withholding of, data identified in the contract as being required to be delivered for items or components of items which are designated as being potentially hazardous. (b) In the event any of the identified and required data for potentially hazardous items qualifies as protectible data under the definition of (a) (4) of the "Rights in Data-General" clause of this contract, and the Contractor desires to continue protection of such cata he shall affix the "Limited Rights" notice set forth in 9.203-3 (b). 9.203-7 Rights to Proposal Data (Technical). CFR TITLE 41 CHAPTER 18 DATA AND COPYRIGHTS (a) The following clause shall be included in all contracts resulting from a solicited or unsolicited Froposal. This clause shall not be expanded to cover rights to commercial and financial information contained in a successful proposal, which information shall remain under the policy 1.304-2 (d) (1) . RIGHTS TO PROPOSAL Except for technical data contained on pages it is agreed that as a condition of the award of this contract, a nd notwithstanding the conditions of any nctice appearing thereon, the Government shall have the right to use, duplicate, and disclose and have others so do for any purpose whatsoever, the technical data contained in the proposal upon which this contract is based. Any exclusion of technical data under the above exception is not dispositive of its protectible status under law. (b) In the event NASA has a need to use for contract administration purposes technical data excluded from the clause in (a), above, such use may be obtained by adding the following provisions to the clause in (a), above: Technical data on pages shall be subject to the "Limited Rights" notice provided in NASA PR 9.203-3(b), which the Government shall affix to the proposal. 9.203-8 Contracts with Foreign Sources to be Ferformed outside the United States. (a) Except as otherwise provided in 9.203-5 and 9.203-9, 10, 11, in contracts with foreign sources whereunder the work is to be performed outside the United States, it possessions, and Puerto Rico, insert the following clause when the United States Government is to acquire unlimited rights in all data, including | reports, drawings, and blueprints, and all computer software, specified to be delivered to the Government. RIGHTS IN DATA-FOREIGN (NOVEMBER 1977) The United States Government may use, duplicate, and disclose, in any manner and for any purpose and have cthers SO do, all data, including repcrts, drawings, | NASA PROCUREMENT REGULATION PATENTS, DATA AND COPYRIGHTS blueprints, and computer software, which are specified to be or which are in fact delivered pursuant to this contract. (k) Where, however, the same rights are to be cbtained as would be obtained in contracting with United States firms the clause of 9.203-3 or 9.203-4, cr both, as appropriate, shall be included in the contract. The clause or clauses may be modified after consultation with patent counsel, to meet the requirements necessary for and peculiar to a foreign country, provided such modifications are in basic agreement with the policies set forth in 9.202-2. 9.203-9 Contracts for Purchase of Existing Books and Similar Items. Notwithstanding the instructions of any other Faragraph of this subpart, no contract clause contained in this Subpart need be included in contracts for the separate, sole procurement of data, other than motion pictures or computer software, in the exact form in which such material exists prior to the initiation of a request for purchase (such as the off-the-shelf Furchases of existing products) unless the right to reproduce such data is an objective of the contract. 9.203-10 Contracts for Purchase of Existing Motion Fictures or Television Recordings. (a) The following clause shall be used in contracts exclusively for the procurement of existing motion pictures or television recordings. The Schedule of the contract may set forth limitations consistent with the purposes for which the material covered by the contract is being procured. Examples of these limitations are (i) means of exhibition or transmission, (ii) time, (iii) type of audience, and (iv) geographical location. Paragraph (b) of the clause should be modified after onsultation with patent counsel, to make the indemnity coextensive with the rights acquired under paragraph (a) of the clause as limited by the Schedule of the contract. RIGHTS IN DATA-EXISTING WORKS (a) Except as otherwise provided in the Schedule of this contract, the Contractor hereby grants to the Government a royalty-free, nonexclusive, irrevocable license to distribute, perform, use, and exhibit the material called for under this contract for CFR TITLE 41 CHAPTER 18 DATA AND COPYRIGHTS Governmental purposes throughout authorize cthers to do so. the world, and to (b) The Contractor shall indemnify, and save and hold harmless the Government, its officers and employees, acting within the scope of their official duties, and on behalf of the Government, against any any liability, including costs and expenses for (i) the violation of proprietary rights, copyright, or right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition cf any data furnished under this contract; (ii) any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply to material furnished to the Contractor by the Government and incorporated in subject data. (b) In contracts which call for modification of existing motion pictures or television recordings through editing, translation, or addition of subject matter, the clause in 9.203-5 shall be used to specify the rights of the modification or additional subject matter. 9.203-11 Contracts for the Purchase or Lease of Existing Computer Software. When purchasing or leasing existing computer software directly, rather than from a Federal Supply Schedule contract, it is important that the contract adequately describe the computer program or the computer data tase, the form (tape, punch cards, disk packs) of the Frogram to be delivered, and all the necessary documentation pertaining thereto. The contract should also specify the rights of the Government and any limitations on the right of the Government to use, disclose or copy the computer software, such as the l physical location, number of uses, or cther conditions under which the computer software may be utilized. The provisions of 9.203-3 (c) should be used as a guide to assure that the Government obtains the necessary minimum rights to the purchased or leased computer software. The contracting officer shall consult with local patent sounsel in drafting such rights provisions tor these contracts. NASA PROCUREMENT REGULATION |