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 thereof outside the Government shall be made subject to a prohibition against further use, release of disclosure, or (ii) release to a foreign government as the interest of the United States may require, only for such 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 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 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, and (v) Treat computer software bearing a copyright notice as a published copyrighted work, 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 right. (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 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 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], (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 or subparagraphs (i) through (viii) above, and agreed will be furnished with unlimited 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) Technical data pertaining to items, components, or processes developed at private expense, 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), (viii) and (ix); 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 are identified (for example, by circling, underscoring, or a note), that the piece of data is marked with the legend below in which is inserted:

(A) The number of the contract under which the technical data is to be delivered, (B) The name of the contractor and any subcontrator 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
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 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. The Government shall have restricted rights in computer software, listed or described in a license or agreement made a part of this contract, which 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: RESTRICTED RIGHTS LEGEND USE, DUPLICATION, OR DISCLOSURE SUBJECT TO RESTRICTIONS STATED IN CONTRACT NO. (Name of Contractor)

WITH

IS

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 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 previ

ously 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 throughout the world for Government purposes to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all technical data, except computer software documentation bearing a copyright notice and furnished in support of restricted rights computer software, 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 inIcluded in technical data furnished hereunder without the written permission of the copyright owner for the Government to use such copyright 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:

(1) The contractor fails to respond within 60 days to a written inquiry by the Government concerning the propriety of the markings, or

(2) The contractor's response fails to substantate within 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 contract.

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.

(g) 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 technical data or computer software from their subcontractors for themselves. (End of clause)

4452.239-71 Rights in technical data—specific acquisition.

Use of following clause when unlimited data rights are being procured. RIGHTS IN DATA-SPECIFIC ACQUISITION (APR

1984)

(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 material. 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 or 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 do so, all or any part of the technical data 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 to do do, all technical data required to be delivered under the contract now or hereafter covered by copyright.

(2) Copyrighted matter shall not be inIcluded 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 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 the 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, 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.

(End of clause)