Rights in Technical Data. 1. The Government shall have Government Purpose Rights (GPR) in Technical Data, Computer Software, and Computer Software Documentation developed under this Agreement, except as provided in paragraphs 2, 3, and 4, unless otherwise specified in Project Agreements. 2. The Government shall have Unlimited Rights in Data for the following: a. Form, fit, and function Data; b. Corrections or changes to Data furnished to the Consortium Member by the Government; c. Data otherwise publicly available or have been released or disclosed by the Consortium Member, or subagreement holder without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the Data to another party or the sale or transfer of some or all of a business entity or its assets to another party; d. Studies, analyses, test data, or similar data produced for this agreement, when the study, analysis, test, or similar work was specified as an element of performance, excluding Consortium Member's internal development milestones; e. Data necessary for operation, maintenance, installation, or training; and f. Computer software documentation required to be delivered under this Agreement. 3. The DFARS provision 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions is incorporated into this Agreement by reference, with all mention of Offeror understood to mean the Consortium Member and all mention of Contracting Officer understood to mean Agreements Officer. Consortium Members are subject to this provision for each Project Agreement. 4. Data or Computer Software that will be delivered, furnished, or otherwise provided to the Government under this Agreement, in which the Government has previously obtained rights, shall be delivered, furnished, or provided with the pre-existing rights, unless the parties have agreed otherwise in a Project Agreement, or any restrictions on the Governments rights to use, modify, reproduce, display or disclose the data have expired or no longer apply. 5. The Consortium Member awarded a project, their subagreement holders, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose Data furnished to the Government with other than Unlimited Rights. However, if the Government desires to obtain additional rights in Data in which it has other than Unlimited Rights, the Consortium Member agrees to promptly enter into negotiations with the Agreements Officer to determine whether there are acceptable terms for transferring such rights. All Data in which the Consortium Member has granted the Government additional rights shall be listed or described in a license agreement made part of the agreement or a part of a Project Agreement. The license shall enumerate the additional rights granted the Government in such Data. 6. Except for Data covered under paragraph 7, and Data delivered with unlimited rights, Data to be delivered under this Agreement subject to restrictions on use, duplication or disclosure shall be marked with the following legend: "Agreement No.: Consortium Member Name and Consortium Member Contact Info: Information Expiration Date: The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph 3 of the Rights in Technical Data clause contained in the above identified agreement. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings." 7. Pre-existing Data markings: If the terms of a prior contract or license permitted the Consortium Member to restrict the Government's rights to use, modify, reproduce, release, perform, display, or disclose Data deliverable under this agreement, and those restrictions are still applicable, the Consortium Member may mark such Data with the appropriate restrictive legend for which the Data qualified under the prior contract or license unless the Government receives such Data with less restrictions under this Agreement. 8. The Government shall have unlimited rights in all unmarked Data. In the event that the Consortium Member learns of a release to the Government of its unmarked Data that should have contained a restricted legend, the Consortium Member will have the opportunity to cure such omission going forward by providing written notice to the Agreements Officer, through the CM, within one (1) year of the erroneous release.
Appears in 1 contract
Sources: Base Agreement
Rights in Technical Data.
1. The Government shall have Government Purpose Rights (GPR) in Technical Data, Computer Software, and Computer Software Documentation developed delivered under this Agreement, except as provided in paragraphs 2, 3, and 4, unless otherwise specified in Project Agreements.
2. The Unless otherwise specified in individual prototype projects, the Government shall have Unlimited Rights in Data for the following:
a. Form, fit, and function Data;
b. Corrections or changes to Data furnished to the Consortium Member by the Government;
c. Data otherwise publicly available or have been released or disclosed by the Consortium Member, or subagreement holder without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the Data to another party or the sale or transfer of some or all of a business entity or its assets to another party;
d. Studies, analyses, test data, or similar data produced for this agreementAgreement, when the study, analysis, test, or similar work was specified as an element of performance, excluding Consortium Member's internal development milestones;
e. Data necessary for operation, maintenance, installation, or training; and
f. Computer software documentation required to be delivered under this Agreement.
3. The DFARS provision 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions is incorporated into Consortium Members shall attach to any offer submitted under this Agreement by referencea list of all documents or other media incorporating technical data or computer software it intends to deliver with less than Government Purpose rights. The list shall identify the technical data or computer software to be furnished with restrictions, with all mention of Offeror understood to mean the Consortium Member and all mention of Contracting Officer understood to mean Agreements Officer. Consortium Members are subject to this provision basis for asserting less than Government Purpose Rights for each Project Agreementlisting, the degree of restriction asserted for each listing, the duration of the restriction, and the name of the person or company asserting the restriction.
4. Data or Computer Software that will be delivered, furnished, or otherwise provided to the Government under this Agreement, in which the Government has previously obtained rights, shall be delivered, furnished, or provided with the pre-existing rights, unless the parties have agreed otherwise in a Project Agreementan individual prototype project, or any restrictions on the Governments rights to use, modify, reproduce, display or disclose the data have expired or no longer apply.
5. The Consortium Member awarded a projectprototype project agreement, their subagreement holders, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose Data furnished to the Government with other than Unlimited Rights. However, if the Government desires to obtain additional rights in Data in which it has other than Unlimited Rights, the Consortium Member agrees to promptly enter into negotiations with the Agreements Officer Officer, through the CM, to determine whether there are acceptable terms for transferring such rights. All Data in which the Consortium Member has granted the Government additional rights shall be listed or described in a license agreement made part of the agreement Agreement or a part of a Project Agreementprototype project agreement. The license shall enumerate the additional rights granted the Government in such Data.
6. Except for Data covered under paragraph (7), and Data delivered with unlimited rightsUnlimited Rights, Data to be delivered under this Agreement subject to restrictions on use, duplication or disclosure shall be marked with the following legend: "“Government Purpose Rights” Prototype Project Agreement No.: . Consortium Member Name and Consortium Member Contact Info: Information Expiration Date: Date “The Government's ’s rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph 3 of the Rights in Technical Data clause contained to Government Purpose Rights, as that term is defined in the above identified IWRP Consortium base agreement. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings."” Prototype Project Agreement No. Consortium Name Consortium Member Contact Information The Government’s rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted to Limited Rights, as that term is defined in the IWRP Consortium base agreement. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above named Consortium Member.
7. Pre-existing Data markings: If the terms of a prior contract or license permitted the Consortium Member to restrict the Government's ’s rights to use, modify, reproduce, release, perform, display, or disclose Data deliverable under this agreementAgreement, and those restrictions are still applicable, the Consortium Member may mark ▇▇▇▇ such Data with the appropriate restrictive legend for which the Data qualified under the prior contract or license unless the Government receives such Data with less restrictions under this Agreement.
8. The Government shall have unlimited rights Unlimited Rights in all unmarked Data. In the event that the Consortium Member learns of a release to the Government of its unmarked Data that should have contained a restricted legend, the Consortium Member will have the opportunity to cure such omission going forward by providing written notice to the Agreements Officer, through the CM, within one (1) year of the erroneous release.
Appears in 1 contract
Sources: Consortium Agreement
Rights in Technical Data.
1. The Government shall have Government Purpose Rights (GPR) in Technical Data, Computer Software, and Computer Software Documentation developed delivered under this Agreement, except as provided in paragraphs 2, 3, and 4, unless otherwise specified in Project Agreements.
2. The Unless otherwise specified in individual prototype projects, the Government shall have Unlimited Rights in Data for the following:
a. Form, fit, and function Data;
b. Corrections or changes to Data furnished to the Consortium Member by the Government;
c. Data otherwise publicly available or have been released or disclosed by the Consortium Member, or subagreement holder without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the Data to another party or the sale or transfer of some or all of a business entity or its assets to another party;
d. Studies, analyses, test data, or similar data produced for this agreementAgreement, when the study, analysis, test, or similar work was specified as an element of performance, excluding Consortium Member's internal development milestones;
e. Data necessary for operation, maintenance, installation, or training; and
f. Computer software documentation required to be delivered under this Agreement.
3. The DFARS provision 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions is incorporated into Consortium Members shall attach to any offer submitted under this Agreement by referencea list of all documents or other media incorporating technical data or computer software it intends to deliver with less than Government Purpose rights. The list shall identify the technical data or computer software to be furnished with restrictions, with all mention of Offeror understood to mean the Consortium Member and all mention of Contracting Officer understood to mean Agreements Officer. Consortium Members are subject to this provision basis for asserting less than Government Purpose Rights for each Project Agreementlisting, the degree of restriction asserted for each listing, the duration of the restriction, and the name of the person or company asserting the restriction.
4. Data or Computer Software that will be delivered, furnished, or otherwise provided to the Government under this Agreement, in which the Government has previously obtained rights, shall be delivered, furnished, or provided with the pre-existing rights, unless the parties have agreed otherwise in a Project Agreementan individual prototype project, or any restrictions on the Governments rights to use, modify, reproduce, display or disclose the data have expired or no longer apply.
5. The Consortium Member awarded a projectprototype project agreement, their subagreement holders, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose Data furnished to the Government with other than Unlimited Rights. However, if the Government desires to obtain additional rights in Data in which it has other than Unlimited Rights, the Consortium Member agrees to promptly enter into negotiations with the Agreements Officer Officer, through the CM, to determine whether there are acceptable terms for transferring such rights. All Data in which the Consortium Member has granted the Government additional rights shall be listed or described in a license agreement made part of the agreement Agreement or a part of a Project Agreementprototype project agreement. The license shall enumerate the additional rights granted the Government in such Data.
6. Except for Data covered under paragraph (7), and Data delivered with unlimited rightsUnlimited Rights, Data to be delivered under this Agreement subject to restrictions on use, duplication or disclosure shall be marked with the following legend: "Agreement No.: Consortium Member Name and Consortium Member Contact Info: Information Expiration Date: The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph 3 of the Rights in Technical Data clause contained in the above identified agreement. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings."
7. Pre-existing Data markings: If the terms of a prior contract or license permitted the Consortium Member to restrict the Government's rights to use, modify, reproduce, release, perform, display, or disclose Data deliverable under this agreement, and those restrictions are still applicable, the Consortium Member may mark such Data with the appropriate restrictive legend for which the Data qualified under the prior contract or license unless the Government receives such Data with less restrictions under this Agreement.
8. The Government shall have unlimited rights in all unmarked Data. In the event that the Consortium Member learns of a release to the Government of its unmarked Data that should have contained a restricted legend, the Consortium Member will have the opportunity to cure such omission going forward by providing written notice to the Agreements Officer, through the CM, within one (1) year of the erroneous release.:
Appears in 1 contract
Sources: Consortium Agreement
Rights in Technical Data.
1. The Government shall have Government Purpose Rights (GPR) in Technical Data, Computer Software, and Computer Software Documentation developed under this Agreement, except as provided in paragraphs 2, 3, and 4, unless otherwise specified in Project Agreements.
2. The Government shall have Unlimited Rights in Data for the following:
a. Form, fit, and function Data;
b. Corrections or changes to Data furnished to the Consortium Member by the Government;
c. Data otherwise publicly available or have been released or disclosed by the Consortium Member, or subagreement holder without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the Data to another party or the sale or transfer of some or all of a business entity or its assets to another party;
d. Studies, analyses, test data, or similar data produced for this agreement, when the study, analysis, test, or similar work was specified as an element of performance, excluding Consortium Member's internal development milestones;
e. Data necessary for operation, maintenance, installation, or training; and
f. Computer software documentation required to be delivered under this Agreement.
3. The DFARS provision 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions is incorporated into this Agreement by reference, with all mention of Offeror understood to mean the Consortium Member and all mention of Contracting Officer understood to mean Agreements Officer. Consortium Members are subject to this provision for each Project Agreement.
4. Data or Computer Software that will be delivered, furnished, or otherwise provided to the Government under this Agreement, in which the Government has previously obtained rights, shall be delivered, furnished, or provided with the pre-existing rights, unless the parties have agreed otherwise in a Project Agreement, or any restrictions on the Governments rights to use, modify, reproduce, display or disclose the data have expired or no longer apply.
5. The Consortium Member awarded a project, their subagreement holders, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose Data furnished to the Government with other than Unlimited Rights. However, if the Government desires to obtain additional rights in Data in which it has other than Unlimited Rights, the Consortium Member agrees to promptly enter into negotiations with the Agreements Officer to determine whether there are acceptable terms for transferring such rights. All Data in which the Consortium Member has granted the Government additional rights shall be listed or described in a license agreement made part of the agreement or a part of a Project Agreement. The license shall enumerate the additional rights granted the Government in such Data.
6. Except for Data covered under paragraph 7, and Data delivered with unlimited rights, Data to be delivered under this Agreement subject to restrictions on use, duplication or disclosure shall be marked with the following legend: "Agreement No.: Consortium Member Name and Consortium Member Contact Info: Information Expiration Date: The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph 3 of the Rights in Technical Data clause contained in the above identified agreement. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings."
7. Pre-existing Data markings: If the terms of a prior contract or license permitted the Consortium Member to restrict the Government's rights to use, modify, reproduce, release, perform, display, or disclose Data deliverable under this agreement, and those restrictions are still applicable, the Consortium Member may mark ▇▇▇▇ such Data with the appropriate restrictive legend for which the Data qualified under the prior contract or license unless the Government receives such Data with less restrictions under this Agreement.
8. The Government shall have unlimited rights in all unmarked Data. In the event that the Consortium Member learns of a release to the Government of its unmarked Data that should have contained a restricted legend, the Consortium Member will have the opportunity to cure such omission going forward by providing written notice to the Agreements Officer, through the CM, within one (1) year of the erroneous release.
Appears in 1 contract
Sources: Base Agreement
Rights in Technical Data. 1. The Government shall have Government Purpose Rights (GPR) in Technical Data, Computer Software, and Computer Software Documentation developed under this Agreement, except as provided in paragraphs 2, 3, and 4, unless otherwise specified in Project Agreements.
2. The Government shall have Unlimited Rights in Data for the following:
a. : Form, fit, and function Data;
b. ; Corrections or changes to Data furnished to the Consortium Member by the Government;
c. ; Data otherwise publicly available or have been released or disclosed by the Consortium Member, or subagreement holder without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the Data to another party or the sale or transfer of some or all of a business entity or its assets to another party;
d. ; Studies, analyses, test data, or similar data produced for this agreement, when the study, analysis, test, or similar work was specified as an element of performance, excluding Consortium Member's internal development milestones;
e. ; Data necessary for operation, maintenance, installation, or training; and
f. and Computer software documentation required to be delivered under this Agreement.
3. The DFARS provision 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions is incorporated into this Agreement by reference, with all mention of Offeror understood to mean the Consortium Member and all mention of Contracting Officer understood to mean Agreements Officer. Consortium Members are subject to this provision for each Project Agreement.
4. Data or Computer Software that will be delivered, furnished, or otherwise provided to the Government under this Agreement, in which the Government has previously obtained rights, shall be delivered, furnished, or provided with the pre-existing rights, unless the parties have agreed otherwise in a Project Agreement, or any restrictions on the Governments rights to use, modify, reproduce, display or disclose the data have expired or no longer apply.
5. The Consortium Member awarded a project, their subagreement holders, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose Data furnished to the Government with other than Unlimited Rights. However, if the Government desires to obtain additional rights in Data in which it has other than Unlimited Rights, the Consortium Member agrees to promptly enter into negotiations with the Agreements Officer to determine whether there are acceptable terms for transferring such rights. All Data in which the Consortium Member has granted the Government additional rights shall be listed or described in a license agreement made part of the agreement or a part of a Project Agreement. The license shall enumerate the additional rights granted the Government in such Data.
6. Except for Data covered under paragraph 7, and Data delivered with unlimited rights, Data to be delivered under this Agreement subject to restrictions on use, duplication or disclosure shall be marked with the following legend: "Agreement No.: Consortium Member Name and Consortium Member Contact Info: Information Expiration Date: The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph 3 of the Rights in Technical Data clause contained in the above identified agreement. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings."
7. " Pre-existing Data markings: If the terms of a prior contract or license permitted the Consortium Member to restrict the Government's rights to use, modify, reproduce, release, perform, display, or disclose Data deliverable under this agreement, and those restrictions are still applicable, the Consortium Member may mark such Data with the appropriate restrictive legend for which the Data qualified under the prior contract or license unless the Government receives such Data with less restrictions under this Agreement.
8. The Government shall have unlimited rights in all unmarked Data. In the event that the Consortium Member learns of a release to the Government of its unmarked Data that should have contained a restricted legend, the Consortium Member will have the opportunity to cure such omission going forward by providing written notice to the Agreements Officer, through the CM, within one (1) year of the erroneous release.
Appears in 1 contract
Sources: Base Agreement