Common use of Data Rights Clause in Contracts

Data Rights. (a) Pursuant to 41 U.S.C. § 8503(e) and this Agreement, the CNAs shall conduct studies, analyses, evaluations, test data, research, pilots, or similar work at the written request of the Commission. When requested by the Commission, and funded by the Program Fee, any reports, data, research results or other information yielded from such activities shall be the property of the Commission. The right of Government ownership also applies to existing data the CNA may possess as the result of such studies, analyses, evaluations, test data, research, pilots, or similar work at the request of the Commission prior to the execution of this Agreement. (b) As the owner of the data, the Commission shall have unlimited rights, including but not limited to technical data rights, consistent with the language stated in FAR Clause 52.227-17 addressing use and data rights for the Government as described in FAR Part 27.405-1, Special Works. If determined the Commission does not possess unlimited rights to the technical data described in subsection (a), then the Commission holds and/or retains government purpose rights, for up to a five-year period to: (i) Use, modify, reproduce, release, perform, display, or disclose the technical data within the Government without restriction; and (ii) Release or disclose the technical data outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that technical data for Government purposes. (c) Any such studies, analyses, evaluations, test data, research, pilots, or similar work that require the CNA to contract with third parties shall include rights in data language that provides the Commission the same use and data rights in subsection (b). (d) Nothing in this Agreement shall be construed as limiting or impacting any data rights of the CNA or the CNA’s right to maintain the confidentiality and ownership of proprietary information and processes.

Data Rights. (a) Pursuant to 41 U.S.C. § 8503(e) and this Agreement, the CNAs shall conduct studies, analyses, evaluations, test data, research, pilots, or similar work at the written request of the Commission. When requested by the Commission, and funded by the Program Fee, any reports, data, research results or other information yielded from such activities shall be the property of the Commission. The right of Government ownership also applies to existing data the CNA may possess as the result of such studies, analyses, evaluations, test data, research, pilots, or similar work at the request of the Commission prior to the execution of this Agreement. (b) As the owner of the data, the Commission shall have unlimited rights, including but not limited to technical data rights, consistent with the language stated in FAR Clause 52.227-52.227- 17 addressing use and data rights for the Government as described in FAR Part 27.405-1, Special Works. If determined the Commission does not possess unlimited rights to the technical data described in subsection (a), then the Commission holds and/or retains government Government purpose rights, for up to a five-year period to: (i) Use, modify, reproduce, release, perform, display, or disclose the technical data within the Government without restriction; and (ii) Release or disclose the technical data outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that technical data for Government purposes. (c) Any such studies, analyses, evaluations, test data, research, pilots, or similar work that require the CNA to contract with third parties shall include rights in data language that provides the Commission the same use and data rights in subsection (b). (d) Nothing in this Agreement shall be construed as limiting or impacting any data rights of the CNA or the CNA’s right to maintain the confidentiality and ownership of proprietary information and processes.