252.227-7993

RIGHTS IN OTHER THAN COMMERCIAL TECHNICAL DATA AND COMPUTER
SOFTWARE—SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND
SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM
(DEVIATION 2026-O0036) (FEB 2026)

(a) Definitions. As used in this clause—

"Commercial computer software" means software developed or regularly used for
nongovernmental purposes which—

(1) Has been sold, leased, or licensed to the public;

(2) Has been offered for sale, lease, or license to the public;

(3) Has not been offered, sold, leased, or licensed to the public but will be
available for commercial sale, lease, or license in time to satisfy the delivery
requirements of this contract; or

(4) Satisfies a criterion expressed in paragraph (1), (2), or (3) of this definition
and would require only minor modification to meet the requirements of this contract.

"Computer database" means a collection of recorded data in a form capable of being
processed by a computer. The term does not include computer software.

"Computer program" means a set of instructions, rules, or routines, recorded in a form
that is capable of causing a computer to perform a specific operation or series of
operations.

"Computer software" means computer programs, source code, source code listings,
object code listings, design details, algorithms, processes, flow charts, formulae, and
related material that would enable the software to be reproduced, re-created, or
recompiled. Computer software does not include computer databases or computer
software documentation.

"Computer software documentation" means owner's manuals, user's manuals,
installation instructions, operating instructions, and other similar items, regardless of
storage medium, that explain the capabilities of the computer software or provide
instructions for using the software.

"Covered Government support contractor" means a contractor (other than a litigation
support contractor covered by 252.204-7014) under a contract, the primary purpose of
which is to furnish independent and impartial advice or technical assistance directly to
the Government in support of the Government's management and oversight of a
program or effort (rather than to directly furnish an end item or service to accomplish a
program or effort), provided that the contractor—

(1) Is not affiliated with the prime contractor or a first-tier subcontractor on the
program or effort, or with any direct competitor of such prime contractor or any such
first-tier subcontractor in furnishing end items or services of the type developed or
produced on the program or effort; and

(2) Receives access to the technical data or computer software for performance
of a Government contract that contains the clause at 252.227-7994, Limitations on the
Use or Disclosure of Government-Furnished Information Marked with Restrictive
Legends.

"Detailed manufacturing or process data" means technical data that describe the steps,
sequences, and conditions of manufacturing, processing or assembly used by the
manufacturer to produce an item or component or to perform a process.

"Developed" means—

(1) (Applicable to technical data other than computer software documentation.)
An item, component, or process, exists and is workable. Thus, the item or component
must have been constructed or the process practiced. Workability is generally
established when the item, component, or process has been analyzed or tested
sufficiently to demonstrate to reasonable people skilled in the applicable art that there
is a high probability that it will operate as intended. Whether, how much, and what
type of analysis or testing is required to establish workability depends on the nature of
the item, component, or process, and the state of the art. To be considered "developed,"
the item, component, or process need not be at the stage where it could be offered for
sale or sold on the commercial market, nor must the item, component or process be
actually reduced to practice within the meaning of Title 35 of the United States Code;

(2) A computer program has been successfully operated in a computer and
tested to the extent sufficient to demonstrate to reasonable persons skilled in the art
that the program can reasonably be expected to perform its intended purpose;

(3) Computer software, other than computer programs, has been tested or
analyzed to the extent sufficient to demonstrate to reasonable persons skilled in the art
that the software can reasonably be expected to perform its intended purpose; or

(4) Computer software documentation the Contractor must deliver under a
contract has been written, in any medium, in sufficient detail to comply with
requirements under that contract.

"Developed exclusively at private expense" means development was accomplished
entirely with costs charged to indirect cost pools, costs not allocated to a government
contract, or any combination thereof.

(1) Private expense determinations should be made at the lowest practicable
level.

(2) Under fixed-price contracts, when total costs are greater than the firm-fixed-
price or ceiling price of the contract, the additional development costs necessary to
complete development shall not be considered when determining whether development
was at government, private, or mixed expense.

"Developed exclusively with government funds" means development was not
accomplished exclusively or partially at private expense.

"Developed with mixed funding" means development was accomplished partially with
costs charged to indirect cost pools and/or costs not allocated to a government contract,
and partially with costs charged directly to a government contract.

"Form, fit, and function data" means technical data that describe the required overall
physical, functional, and performance characteristics (along with the qualification
requirements, if applicable) of an item, component, or process to the extent necessary to
permit identification of physically and functionally interchangeable items.

"Generated" means, with respect to technical data or computer software, first created in
the performance of this contract.

"Government purpose" means any activity in which the United States Government is a
party, including cooperative agreements with international or multi-national defense
organizations or sales or transfers by the United States Government to foreign
governments or international organizations. Government purposes include competitive
procurement, but do not include the rights to use, modify, reproduce, release, perform,
display, or disclose technical data or computer software for commercial purposes or
authorize others to do so.

"Government purpose rights" means the rights to—

(1) Use, modify, reproduce, release, perform, display, or disclose technical data
or computer software within the Government without restriction; and

(2) Release or disclose technical data or computer software outside the
Government and authorize persons to whom release or disclosure has been made to use,
modify, reproduce, release, perform, display, or disclose that data for United States
Government purposes.

"Limited rights" means the rights to use, modify, reproduce, release, perform, display,
or disclose technical data, in whole or in part, within the Government. The Government
may not, without the written permission of the party asserting limited rights, release or
disclose the technical data outside the Government, use the technical data for
manufacture, or authorize the technical data to be used by another party, except that
the Government may reproduce, release, or disclose such data or authorize the use or
reproduction of the data by persons outside the Government if—

(1) The reproduction, release, disclosure, or use is—

(i) Necessary for emergency repair and overhaul; or

(ii) A release or disclosure to—

(A) A covered Government support contractor in performance of its
covered Government support contracts for use, modification, reproduction, performance,
display, or release or disclosure to a person authorized to receive limited rights technical
data; or

(B) A foreign government, of technical data other than detailed
manufacturing or process data, when use of such data by the foreign government is in
the interest of the Government and is required for evaluational or informational
purposes;

(2) The recipient of the technical data is subject to a prohibition on the further
reproduction, release, disclosure, or use of the technical data; and

(3) The contractor or subcontractor asserting the restriction is notified of such
reproduction, release, disclosure, or use.

"Minor modification" means a modification that does not significantly alter the
nongovernmental function or purpose of computer software or is of the type customarily
provided in the commercial marketplace.

"Other than commercial computer software" means software that does not qualify as
commercial computer software under the definition of "commercial computer software"
of this clause.

"Restricted rights" apply only to other than commercial computer software and mean
the Government's rights to—

(1) Use a computer program with one computer at one time. The program may not
be accessed by more than one terminal or central processing unit or time shared unless
otherwise permitted by this contract;

(2) Transfer a computer program to another Government agency without the
further permission of the Contractor if the transferor destroys all copies of the program
and related computer software documentation in its possession and notifies the licensor
of the transfer. Transferred programs remain subject to the provisions of this clause;

(3) Make a reasonable number of copies of the computer software required for the
purposes of safekeeping (archive), backup, modification, or other activities authorized in
paragraphs (1), (2), (4) and (5) of this definition;

(4) Modify computer software provided that the Government may—

(i) Use the modified software only as provided in paragraphs (1) and (3) of this
definition; and

(ii) Not release or disclose the modified software except as provided in
paragraphs (2) and (5) of this clause;

(5) Use, modify, reproduce, perform, display, or release or disclose the computer
software, and permit contractors, subcontractors, or covered Government support
contractors to do so, for purposes set forth in subparagraph (i) of this paragraph, subject
to the conditions set forth in subparagraphs (ii) of this paragraph:

(i)(A) In performance of service contracts (see FAR 37.101), to diagnose and
correct deficiencies, to modify the software to enable a computer program to be
combined with, adapted to, or merged with other computer programs, or when
necessary to respond to urgent tactical situations, provided that the Government
notifies the party which has granted restricted rights that any such release or
disclosure to particular contractors or subcontractors was made;

(B) To perform emergency repairs or overhaul of items or components
procured under this or a related contract, when necessary to perform such repairs or
overhaul; or

(C) For the management and oversight of a program or effort by a person
authorized to receive restricted rights computer software, including in the performance
of covered Government support contracts.

(ii)(A) Any contractor, subcontractor, or covered Government support contractor
receiving access to the software for the purposes of subparagraphs (i), (ii), or (iii) of this
paragraph shall be subject to the use and nondisclosure agreement at 227.7103-7 or be
performing a Government contract that contains the clause at 252.227-7994,
Limitations on the Use or Disclosure of Government-Furnished Information Marked
with Restrictive Legends;

(B) The Government must not permit any recipient of the software under
this paragraph to decompile, disassemble, or reverse engineer the software, or use
software decompiled, disassembled, or reverse engineered by the Government pursuant
to paragraph (4) of this definition, for any other purpose; and

(C) Any use, modification, reproduction, performance, display, release, or
disclosure of the computer software under this paragraph remains subject to the
limitations in paragraphs (1) through (4) of this definition.

"Small Business Innovation Research/Small Business Technology Transfer
(SBIR/STTR) data" means all technical data or computer software developed or
generated in the performance of a phase I, II, or III SBIR/STTR contract or subcontract.

"SBIR/STTR data protection period" means the time period during which the
Government is obligated to protect SBIR/STTR data against unauthorized use and
disclosure in accordance with SBIR/STTR data rights. The SBIR/STTR data protection
period begins on the date of award of the contract under which the SBIR/STTR data are
developed or generated and ends 20 years after that date unless, after the award, the
agency and the Contractor negotiate for some other protection period for the
SBIR/STTR data developed or generated under that contract.

"SBIR/STTR data rights" means the Government's rights, during the SBIR/STTR data
protection period, in SBIR/STTR data covered by paragraph (c)(5) of this clause, as
follows:

(1) Limited rights in such SBIR/STTR technical data; and

(2) Restricted rights in such SBIR/STTR computer software.

"Technical data" means recorded information, regardless of the form or method of the
recording, of a scientific or technical nature (including computer software
documentation). The term does not include computer software or financial,
administrative, cost or pricing, or management information, or information incidental to
contract administration.

"Unlimited rights" means rights to use, modify, reproduce, release, perform, display, or
disclose, technical data or computer software in whole or in part, in any manner and for
any purpose whatsoever, and to have or authorize others to do so.

(b) Applicability. This clause governs all SBIR/STTR data. For any data that are
not SBIR/STTR data—

(1) The clause at Defense Federal Acquisition Regulation Supplement (DFARS)
252.227-7989, Rights in Technical Data, Computer Software, and Computer Software
Documentation—Other Than Commercial Products and Commercial Services, governs
the technical data related to other than commercial products and commercial services
or to any portion of a commercial product or commercial service that was developed in
any part at Government expense, and the clause at DFARS 252.227-7990, Technical
Data—Commercial Products and Commercial Services, governs the technical data
related to any portion of a commercial product or commercial service that was developed
exclusively at private expense;

(2) The clause at DFARS 252.227-7989, Rights in Technical Data, Computer
Software, and Computer Software Documentation—Other Than Commercial Products
and Commercial Services, governs other than commercial computer software and other
than commercial computer software documentation; and

(3) A license consistent with DFARS 227.7202 governs commercial computer
software and commercial computer software documentation.

(c) Rights in technical data and computer software. The Contractor grants or shall
obtain for the Government the following royalty-free, worldwide, nonexclusive,
irrevocable license rights in technical data or other than commercial computer software.
The Contractor retains all rights not granted to the Government.

(1) Unlimited rights. The Government shall have unlimited rights in technical
data or computer software, including such data generated under this contract, that
are—

(i) Form, fit, and function data;

(ii) Necessary for installation, operation, maintenance, or training purposes
(other than detailed manufacturing or process data);

(iii) Corrections or changes to Government-furnished technical data or
computer software;

(iv) Otherwise publicly available or have been released or disclosed by the
Contractor or a subcontractor 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 technical data or computer software to another party or the sale or
transfer of some or all of a business entity or its assets to another party;

(v) Technical data or computer software in which the Government has
acquired previously unlimited rights under another Government contract or as a result
of negotiations;

(vi) Technical data or computer software furnished to the Government,
under this or any other Government contract or subcontract thereunder, with license
rights for which all restrictive conditions on the Government have expired; and

(vii) Computer software documentation generated or the Contractor must
deliver under this contract.

(2) Government purpose rights.

(i) The Government shall have government purpose rights for the period
specified in paragraph (c)(2)(ii) of this clause in data that are—

(A) Not SBIR/STTR data, and are—

(1) Technical data related to items, components, or processes
developed with mixed funding, or are computer software developed with mixed funding,
except when the Government is entitled to unlimited rights in such data as provided in
paragraph (c)(1) of this clause;

(2) Created with mixed funding in the performance of a contract
that does not require the development, manufacture, construction, or production of
items, components, or processes; or

(B) SBIR/STTR data, upon expiration of the SBIR/STTR data protection
period.

(ii)(A) For the non-SBIR/STTR data described in paragraph (c)(2)(i)(A) of
this clause, the Government shall have government purpose rights for a period of 5
years, or such other period as may be negotiated. This period shall commence upon
award of the contract, subcontract, letter contract (or similar contractual instrument),
or contract modification (including a modification to exercise an option) that required
development of the items, components, or processes, or creation of the data described in
paragraph (c)(2)(i)(A)(2) of this clause. Upon expiration of the 5-year or other
negotiated period, the Government shall have unlimited rights in the data.

(B) For the SBIR/STTR data described in paragraph (c)(2)(i)(B) of this
clause, the Government shall have government purpose rights perpetually. This
Government purpose rights period commences upon the expiration of the SBIR/STTR
data protection period.

(iii) The Government shall not release or disclose data in which it has
government purpose rights unless—

(A) Prior to release or disclosure, the intended recipient is subject to the
nondisclosure agreement at DFARS 227.7103-7; or

(B) The recipient is a Government contractor receiving access to the
data for performance of a Government contract that contains the clause at DFARS
252.227-7994, Limitations on the Use or Disclosure of Government-Furnished
Information Marked with Restrictive Legends.

(iv) The Contractor has the exclusive right, including the right to license
others, to use technical data in which the Government has obtained government
purpose rights under this contract for any commercial purpose during the time period
specified in the government purpose rights marking prescribed in paragraph (g)(3) of
this clause.

(3) Limited rights. The Government shall have limited rights in technical data
that were not generated under this contract, are related to items, components, or
processes developed exclusively at private expense, and are marked, in accordance with
the marking instructions in paragraph (g)(1) of this clause, with the legend prescribed
in paragraph (g)(4) of this clause.

(4) Restricted rights in computer software. The Government shall have
restricted rights in other than commercial computer software the Contractor must
deliver or otherwise furnished to the Government under this contract that was
developed exclusively at private expense and was not generated under this contract.

(5) SBIR/STTR data rights. Except for technical data, including computer
software documentation, or computer software in which the Government has unlimited
rights under paragraph (c)(1) of this clause, the Government shall have SBIR/STTR
data rights, during the SBIR/STTR data protection period of this contract, in all
SBIR/STTR data developed or generated under this contract. This protection period is
not extended by any subsequent SBIR/STTR contracts under which any portion of that
SBIR/STTR data is used or delivered. The SBIR/STTR data protection period of any
such subsequent SBIR/STTR contract applies only to the SBIR/STTR data that are
developed or generated under that subsequent contract. The SBIR/STTR data
protection period is governed by the version of this clause that is incorporated in the
contract under which the SBIR/STTR data are developed or generated. If the
SBIR/STTR data were developed or generated under a contract that included a previous
version of this clause, then the SBIR/STTR data protection period is governed by that
previous version of this clause.

(6) Specifically negotiated license rights. After contract award, the standard
license rights granted to the Government under paragraphs (c)(1) through (5) of this
clause may be modified by mutual agreement to provide such rights as the parties
consider appropriate but shall not provide the Government lesser rights in technical
data, including computer software documentation, than are enumerated in the
definition of "limited rights" of this clause or lesser rights in computer software than are
enumerated in the definition of "restricted rights" of this clause. Any rights so
negotiated shall be identified in a license agreement made part of this contract.

(7) Prior government rights. Technical data, including computer software
documentation, or computer software that will be delivered, furnished, or otherwise
provided to the Government under this contract, in which the Government has
previously obtained rights shall be delivered, furnished, or provided with the
preexisting rights, unless—

(i) The parties have agreed otherwise; or

(ii) Any restrictions on the Government's rights to use, modify, release,
perform, display, or disclose the technical data or computer software have expired or no
longer apply.

(8) Release from liability. The Contractor agrees to release the Government
from liability for any authorized release or disclosure of technical data or computer
software made in accordance with this clause or any negotiated license agreement. This
release from liability for the Government also applies to releases or disclosures made by
a third party who received the data or software from an authorized recipient. For any
unauthorized use or disclosure by such third parties of technical data or computer
software marked with restrictive legends, the Contractor agrees to seek relief solely
from that party.

(9) Covered Government support contractors. The Contractor acknowledges
that—

(i) The Government is authorized to release or disclose limited rights
technical data and restricted rights computer software to covered Government support
contractors;

(ii) The Government will notify the Contractor of such release or disclosure;

(iii) The Contractor or the party asserting restrictions in a restrictive legend
may—

(A) Require each such covered Government support contractor to enter
into a nondisclosure agreement directly with the Contractor or the party asserting
restrictions regarding the use of the data or software; or

(B) Waive in writing the requirement for a nondisclosure agreement;
and

(iv) Any such nondisclosure agreement shall address the restrictions on the
covered Government support contractor's use of the data or software as set forth in the
clause at DFARS 252.227-7994, Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends. The nondisclosure
agreement shall not include any additional terms and conditions unless mutually
agreed to by the parties to the nondisclosure agreement.

(d) Rights in derivative computer software or computer software documentation. The
Government shall retain its rights in the unchanged portions of any computer software
or computer software documentation delivered under this contract that the Contractor
uses to prepare, or includes in, derivative software or documentation.

(e) Third party copyrighted technical data and computer software. The Contractor
shall not, without the written approval of the Contracting Officer, incorporate any
copyrighted technical data, including computer software documentation, or computer
software in the data or software the Contractor must deliver under this contract unless
the Contractor is the copyright owner or has obtained license rights for the Government
of the appropriate scope set forth in paragraph (c) of this clause and, prior to delivery of
such—

(1) Technical data, has affixed to the transmittal document a statement of the
license rights obtained; or

(2) Computer software, has provided a statement of the license rights obtained
in a form acceptable to the Contracting Officer.

(f) Identification and delivery of technical data or computer software to be delivered
with restrictions on use, release, or disclosure. (1) This paragraph does not apply to to
restrictions based solely on copyright.

(2) Except as provided in paragraph (f)(3) of this clause, technical data or
computer software that the Contractor asserts should be furnished to the Government
with restrictions on use, release, or disclosure is identified in an attachment to this
contract (the Attachment). The Contractor shall not deliver any technical data or
computer software with restrictive markings unless the technical data or computer
software are listed on the Attachment.

(3) In addition to the assertions made in the Attachment, other assertions may
be identified after award when based on new information or inadvertent omissions
unless the inadvertent omissions would have materially affected the source selection
decision. Such identification and assertion shall be submitted to the Contracting Officer
as soon as practicable prior to the scheduled date for delivery of the technical data or
computer software, in the following format, and signed by an official authorized to
contractually obligate the Contractor:

Identification and Assertion of Restrictions on the Government's Use,
Release, or Disclosure of Technical Data or Computer Software

The Contractor asserts for itself, or the persons identified below, that the Government's
rights to use, release, or disclose the following technical data or computer software
should be restricted:

Technical data or
computer Name of person
Basis for Asserted rights
software to be asserting
assertion 2 category 3
delivered restrictions 4
with restrictions 1

(LIST) (LIST) (LIST) (LIST)

1 If the assertion is applicable to items, components, or processes developed at
private expense, identify both the technical data and each such item, component, or
process.

2 Generally, development at private expense, either exclusively or partially, is the
only basis for asserting restrictions on the Government's rights to use, release, or
disclose technical data or computer software. Indicate whether development was
exclusively or partially at private expense. If development was not at private
expense, enter the specific reason for asserting that the Government's rights
should be restricted.

3 Enter asserted rights category (e.g., limited rights, restricted rights, or
government purpose rights from a prior contract, SBIR/STTR data rights under
this or another contract, or specifically negotiated licenses).

4 Corporation, individual, or other person, as appropriate.

Date

Printed Name and Title

Signature

(End of identification and assertion)

(4) When requested by the Contracting Officer, the Contractor shall provide
sufficient information to enable the Contracting Officer to evaluate the Contractor's
assertions. The Contracting Officer reserves the right to add the Contractor's assertions
to the Attachment and validate any listed assertions, at a later date, in accordance with
the procedures in the DFARS 252.227-7997, Validation of Asserted Restrictions, clause
of this contract.

(g) Marking requirements. The Contractor, and its subcontractors or suppliers, may
only assert restrictions on the Government's rights to use, modify, reproduce, release,
perform, display, or disclose technical data or computer software the Contractor must
deliver under this contract by marking the deliverable data or software subject to
restriction. Except as provided in paragraph (g)(8) of this clause, only the following
markings are authorized under this contract: the government purpose rights marking
at paragraph (g)(3) of this clause; the limited rights legend at paragraph (g)(4) of this
clause; the restricted rights legend at paragraph (g)(5) of this clause; the SBIR/STTR
data rights legend at paragraph (g)(6) of this clause; or the special license rights legend
at paragraph (g)(7) of this clause; and a notice of copyright as prescribed under 17
U.S.C. 401 or 402.

(1) General marking instructions. The Contractor, or its subcontractors or
suppliers, shall conspicuously and legibly mark the appropriate legend to all technical
data and computer software that qualify for such markings. The authorized legends
shall be placed on the transmittal document or storage container and, for printed
material, each page of the printed material containing technical data or computer
software for which restrictions are asserted. When only portions of a page of printed
material are subject to the asserted restrictions, such portions shall be identified by
circling, underscoring, with a note, or other appropriate identifier. Technical data or
computer software transmitted directly from one computer or computer terminal to
another shall contain a notice of asserted restrictions. However, instructions that
interfere with or delay the operation of computer software in order to display a
restrictive rights legend or other license statement at any time prior to or during use of
the computer software, or otherwise cause such interference or delay, shall not be
inserted in software that will or might be used in combat or situations that simulate
combat conditions, unless the Contracting Officer's written permission to deliver such
software has been obtained prior to delivery. Reproductions of technical data, computer
software, or any portions thereof subject to asserted restrictions shall also reproduce the
asserted restrictions.

(2) Omitted markings. (i) Technical data, computer software, or computer
software documentation delivered or otherwise provided under this contract without
restrictive markings shall be presumed to have been delivered with unlimited rights.
To the extent practicable, if the Contractor has requested permission (see paragraph
(g)(2)(ii) of this clause) to correct an inadvertent omission of markings, the Contracting
Officer will not release or disclose the technical data, software, or documentation
pending evaluation of the request.

(ii) The Contractor may request permission to have conforming and justified
restrictive markings placed on unmarked technical data, computer software, or
computer software documentation at its expense. The request must be received by the
Contracting Officer within 6 months following the furnishing or delivery of such
technical data, software, or documentation, or any extension of that time approved by
the Contracting Officer. The Contractor shall—

(A) Identify the technical data, software, or documentation that should
have been marked;

(B) Demonstrate that the omission of the marking was inadvertent, the
proposed marking is justified and conforms with the requirements for the marking of
technical data, computer software, or computer software documentation contained in
this clause; and

(C) Acknowledge, in writing, that the Government has no liability with
respect to any disclosure, reproduction, or use of the technical data, software, or
documentation made prior to the addition of the marking or resulting from the omission
of the marking.

(3) Government purpose rights markings. Technical data or computer software
delivered or otherwise furnished to the Government with government purpose rights
shall be marked as follows:

GOVERNMENT PURPOSE RIGHTS

Contract Number
Contractor Name
Contractor Address
Expiration Date

The Government's rights to use, modify, reproduce, release, perform, display, or disclose
these technical data or computer software are restricted by the government purpose
rights license in the DFARS 252.227-7993, Rights in Other Than Commercial Technical
Data and Computer Software—Small Business Innovation Research Program and
Small Business Technology Transfer Program, clause contained in the above identified
contract. No restrictions apply after the expiration date shown above. Any
reproduction of technical data or computer software or portions thereof marked with
this restrictive marking must also reproduce the markings.

(End of legend)

(4) Limited rights markings. Technical data not generated under this contract
that are related to items, components, or processes developed exclusively at private
expense and delivered or otherwise furnished with limited rights shall be marked as
follows:

LIMITED RIGHTS

Contract Number
Contractor Name
Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose
these technical data are restricted by the limited rights license in the DFARS 252.227-
7993, Rights in Other Than Commercial Technical Data and Computer Software—
Small Business Innovation Research Program and Small Business Technology Transfer
Program, clause contained in the above identified contract. 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 Contractor.

(END OF LEGEND)

(5) Restricted rights markings. Computer software delivered or otherwise
furnished to the Government with restricted rights shall be marked as follows:

RESTRICTED RIGHTS

Contract Number
Contractor Name
Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose
this software are restricted by the restricted rights license in the DFARS 252.227-7993,
Rights in Other Than Commercial Technical Data and Computer Software—Small
Business Innovation Research Program and Small Business Technology Transfer
Program, clause contained in the above identified contract. Any reproduction of
computer software 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 software must promptly notify the above named Contractor.

(End of legend)

(6) SBIR/STTR data rights markings. Except for technical data or computer
software in which the Government has acquired unlimited rights under paragraph
(c)(1) of this clause or negotiated special license rights as provided in paragraph (c)(6) of
this clause, technical data or computer software generated under this contract shall be
marked as follows. The Contractor shall enter the expiration date for the SBIR/STTR
data protection period on the legend:

SBIR/STTR DATA RIGHTS

Contract Number
Contractor Name
Contractor Address
Expiration of SBIR/STTR Data Protection Period
Expiration of the Government Purpose Rights Period

The Government's rights to use, modify, reproduce, release, perform, display, or disclose
technical data or computer software marked with this legend are restricted during the
period shown as provided in the SBIR/STTR data rights license in the DFARS 252.227-
7993, Rights in Other Than Commercial Technical Data and Computer Software—
Small Business Innovation Research Program and Small Business Technology Transfer
Program, clause contained in the above identified contract. After the SBIR/STTR data
protection period expiration date shown above, the Government has perpetual
government purpose rights as provided in the clause, unless otherwise indicated by the
government purpose rights expiration date shown above. Any reproduction of technical
data, computer software, or portions thereof marked with this legend must also
reproduce the markings.

(End of legend)

(7) Special license rights markings. (i) Technical data or computer software in
which the Government's rights stem from a specifically negotiated license shall be
marked as follows:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform, display, or disclose
this technical data or computer software are restricted by Contract Number [Insert
contract number], License Number [Insert license identifier]. Any reproduction of
technical data, computer software, or portions thereof marked with this marking must
also reproduce the markings.

(End of legend)

(ii) For purposes of this clause, special licenses do not include government
purpose license rights acquired under a prior contract (see paragraph (c)(7) of this
clause).

(8) Preexisting data markings. If the terms of a prior contract or license
permitted the Contractor to restrict the Government's rights to use, modify, reproduce,
release, perform, display, or disclose technical data or computer software, and those
restrictions are still applicable, the Contractor may mark such data or software with the
appropriate restrictive legend for which the data or software qualified under the prior
contract or license. The Contractor shall follow the marking procedures in paragraph
(g)(1) of this clause.

(h) Contractor procedures and records. Throughout performance of this contract,
the Contractor, and its subcontractors or suppliers that will deliver technical data or
computer software with other than unlimited rights, shall—

(1) Have, maintain, and follow written procedures sufficient to assure that
restrictive markings are used only when authorized by the terms of this clause; and

(2) Maintain records sufficient to justify the validity of any restrictive markings
on technical data or computer software delivered under this contract.

(i) Removal of unjustified and nonconforming markings. (1) Unjustified markings.
The rights and obligations of the parties regarding the validation of restrictive
markings on technical data or computer software delivered or to be delivered under this
contract are contained in the DFARS 252.227-7997, Validation of Asserted Restrictions,
clause of this contract, respectively. Notwithstanding any provision of this contract
concerning inspection and acceptance, the Government may ignore or, at the
Contractor's expense, correct or strike a marking if, in accordance with the applicable
procedures of those clauses, a restrictive marking is determined to be unjustified.

(2) Nonconforming markings. A nonconforming marking is a marking placed
on technical data or computer software delivered or otherwise furnished to the
Government under this contract that is not in the format authorized by this contract.
Correction of nonconforming markings is not subject to the DFARS 252.227-7997,
Validation of Asserted Restrictions, clause of this contract. If the Contracting Officer
notifies the Contractor of a nonconforming marking or markings and the Contractor
fails to remove or correct such markings within 60 days, the Government may ignore or,
at the Contractor's expense, remove or correct any nonconforming markings.

(j) 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.

(k) Limitation on charges for rights in technical data or computer software. (1) The
Contractor shall not charge to this contract any cost, including but not limited to,
license fees, royalties, or similar charges, for rights in technical data or computer
software the Contractor must deliver under this contract when—

(i) The Government has acquired, by any means, the same or greater rights
in the data or software; or

(ii) The data are available to the public without restrictions.

(2) The limitation in paragraph (k)(1) of this clause—

(i) Includes costs charged by a subcontractor or supplier, at any tier, or costs
incurred by the Contractor to acquire rights in subcontractor of supplier technical data
or computer software, if the subcontractor or supplier has been paid for such rights
under any other Government contract or under a license conveying the rights to the
Government; and

(ii) Does not include the reasonable costs of reproducing, handling, or
mailing the documents or other media in which the technical data or computer software
will be delivered.

(l) Subcontractors or suppliers. (1) The Contractor shall assure that the rights
afforded its subcontractors and suppliers under 10 U.S.C. 3771-3775, 10 U.S.C. 3781-
3786, 15 U.S.C. 638(j)(1)(B)(iii) and (v), and the identification, assertion, and delivery
processes required by paragraph (f) of this clause are recognized and protected.

(2) Whenever any other than commercial technical data or computer software is
to be obtained from a subcontractor or supplier for delivery to the Government under
this contract, the Contractor shall use the following clause(s) in the subcontract or other
contractual instrument, and require its subcontractors or suppliers to do so, without
alteration, except to identify the parties:

(i) Except as provided in paragraph (l)(2)(ii) of this clause, use this clause to
govern SBIR/STTR data.

(ii) For data that are not SBIR/STTR data—

(A) Use the clause at DFARS 252.227-7989, Rights in Technical Data,
Computer Software, and Computer Software Documentation—Other Than Commercial
Products and Commercial Services, to govern the technical data related to other than
commercial products or commercial services or to any portion of a commercial product
or commercial service that was developed in any part at Government expense, and use
the clause at DFARS 252.227-7990, Technical Data—Commercial Products and
Commercial Services, to govern the technical data related to any portion of a
commercial product or commercial service that was developed exclusively at private
expense;

(B) Use the DFARS clause at 252.227-7989, Rights in Technical Data,
Computer Software, and Computer Software Documentation—Other Than Commercial
Products and Commercial Services, to govern other than commercial computer software
and computer software documentation; and

(C) Use the license under which the data are customarily provided to
the public, in accordance with DFARS 227.7202, for commercial computer software and
commercial computer software documentation.

(iii) No other clause shall be used to expand or reduce the Government's, the
Contractor's, or a higher tier subcontractor's or supplier's rights in a subcontractor's or
supplier's technical data or computer software.

(3) Technical data the Contractor must deliver by a subcontractor or supplier
shall normally be delivered to the next higher tier contractor, subcontractor, or supplier.
However, when there is a requirement in the prime contract for technical data which
may be submitted with other than unlimited rights by a subcontractor or supplier, then
said subcontractor or supplier may fulfill its requirement by submitting such technical
data directly to the Government, rather than through a higher tier contractor,
subcontractor, or supplier.

(4) The Contractor and higher tier subcontractors or suppliers shall not use
their power to award contracts as economic leverage to obtain rights in technical data or
computer software from their subcontractors or suppliers.

(5) In no event shall the Contractor use its obligation to recognize and protect
subcontractor or supplier rights in technical data or computer software as an excuse for
failing to satisfy its contractual obligation to the Government.

(End of clause)