252.227-7989 Rights in Technical Data, Computer Software, and Computer Software Documentation—Other Than Commercial Products and Commercial Services
This clause was introduced by the Revolutionary FAR Overhaul (EO 14275) and does not appear in the codified eCFR. It applies to contracts using the RFO model.
RFO Prescription
227.7103-6 Solicitation provisions and contract clauses.
(a)(1) Insert the clause at 252.227-7989, Rights in Technical Data, Computer
Software, and Computer Software Documentation—Other Than Commercial Products
and Commercial Services, in solicitations and contracts, including solicitations and
contracts using FAR part 12 procedures, when the contract requires delivery of
technical data—
(i) Related to other than commercial products or commercial services; or
(ii) Related to commercial products or commercial services for which the
Government will have paid for any portion of the development costs. For such
contracts—
(A) The clause at 252.227-7989 will govern the technical data related to
any portion of a commercial product or commercial service that was developed in any
part at Government expense; and
(B) The clause at 252.227-7990will govern the technical data related to
any portion of a commercial product or commercial service that was developed
exclusively at private expense.
(2) Do not use the clause when the only deliverable items are commercial
products or commercial services developed exclusively at private expense (see 227.7102-
4), existing works (see 227.7105), or special works (see 227.7106).
(3) When contracting under the Small Business Innovation Research (SBIR)
Program or the Small Business Technology Transfer (STTR) Program, see 227.7104-
4(a).
(b)(1) Insert the clause at 252.227-7989 with its Alternate I in research solicitations
and contracts, including research solicitations and contracts using FAR part 12
procedures for the acquisition of commercial products and commercial services, upon
determining that public dissemination by the contractor would be—
(i) In the interest of the government; and
(ii) Facilitated by the Government relinquishing its right to publish the
work for sale, or to have others publish the work for sale on behalf of the Government.
(2) Insert the clause at 252.227-7989 with its Alternate II in solicitations and
contracts, including solicitations and contracts using FAR part 12 procedures for the
acquisition of commercial products and commercial services, for the development or
delivery of a vessel design or any useful article embodying a vessel design.
(c) Insert the clause at 252.227-7989 in solicitations and contracts when the contract
will require the successful offeror to deliver other than commercial computer software
or other than commercial computer software documentation.
(d) [Reserved]
Current Text (RFO)
RIGHTS IN TECHNICAL DATA, COMPUTER SOFTWARE, AND COMPUTER
SOFTWARE DOCUMENTATION—OTHER THAN COMMERCIAL PRODUCTS OR
COMMERCIAL SERVICES (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 data recorded 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, recreated, 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 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 regard 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, computer software, or computer software
documentation 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,
computer software, or computer software documentation within the Government
without restriction; and
(2) Release or disclose technical data, computer software, or computer software
documentation 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 or software 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 contract 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 the 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.
"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, perform, display, release, or
disclose technical data, computer software, or computer software documentation in
whole or in part, in any manner, and for any purpose whatsoever, and to have or
authorize others to do so.
(b) Applicability. (1) Except as provided in paragraph (b)(2) of this clause—
(i) This clause governs all 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;
(ii) This clause governs all other than commercial computer software or
other than commercial computer software documentation; and
(iii) 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 252.227-7993, Rights in Other Than Commercial
Technical Data and Computer Software—Small Business Innovation Research Program
and Small Business Technology Transfer Program, governs technical data that are
SBIR/STTR data.
(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:
(1) Unlimited rights. The Government shall have unlimited rights in technical
data, computer software, or computer software documentation that are—
(i) Data related to an item, component, or process which has been or will be
developed exclusively with Government funds;
(ii) Studies, analyses, test data, or similar data produced for this contract,
when the study, analysis, test, or similar work was specified as an element of
performance;
(iii) Technical data created exclusively with Government funds in the
performance of a contract that does not require the development, manufacture,
construction, or production of items, components, or processes;
(iv) Form, fit, and function data;
(v) Technical data necessary for installation, operation, maintenance, or
training purposes (other than detailed manufacturing or process data);
(vi) Government-furnished corrections or changes to—
(A) Technical data furnished to the Contractor by the Government; or
(B) Computer software or computer software documentation;
(vii) Data, computer software, or computer software documentation that is
publicly available or previously released or disclosed by the Contractor or 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 to another party or the sale or transfer of some or all of a business entity
or its assets to another party;
(viii) Data, computer software, or computer software documentation in
which the Government has obtained unlimited rights under another Government
contract or as a result of negotiations;
(ix) Data furnished to the Government, under this or any other Government
contract or subcontract, with—
(A) Government purpose license rights or limited rights and the
restrictive condition(s) has/have expired; or
(B) Government purpose rights and the Contractor's exclusive right to
use such data for commercial purposes has expired; or
(x) Computer software developed exclusively with Government funds;
(xi) Computer software documentation the contractor must deliver under
this contract; or
(xvii) Computer software or computer software documentation furnished to
the Government, under this or any other Government contract or subcontract with—
(A) Restricted rights in computer software, limited rights in technical
data, or government purpose license rights and the restrictive conditions have expired;
or
(B) Government purpose rights and the Contractor's exclusive right to
use such software or documentation for commercial purposes has expired.
(2) Government purpose rights. (i) The Government shall have government
purpose rights for a 5-year period, or such other period as may be negotiated, in
technical data or computer software—
(A) Related to items, components, or processes developed with mixed
funding except when the Government is entitled to unlimited rights in such data or
software as provided in paragraphs (c)(1)(ii), (c)(1)(iv) through (c)(1)(ix), and (c)(1)(xii)
through (c)(1)(x)(v)(i) of this clause; or
(B) 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.
(ii) The 5-year period, or such other period as may have been negotiated,
shall begin upon execution of the contract, subcontract, letter contract (or similar
contractual instrument), contract modification, or option exercise that required
development of the items, components, or processes, development of the computer
software, or creation of the data described in paragraph (c)(2)(i)(B) of this clause. Upon
expiration of the 5-year or other negotiated period, the Government shall have
unlimited rights in the technical data or computer software.
(iii) The Government will not release or disclose technical data or computer
software in which it has government purpose rights unless—
(A) Prior to release or disclosure, the intended recipient completes the
nondisclosure agreement at DFARS 227.7103-7; or
(B) The recipient is a Government contractor receiving access to the
data or software 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 or computer software 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 legend prescribed in
paragraph (g)(3) of this clause.
(3) Limited rights. (i) Except as provided in paragraphs (c)(1)(ii) and (c)(1)(iv)
through (c)(1)(ix) of this clause, the Government shall have limited rights in technical
data—
(A) Related to items, components, or processes developed exclusively at
private expense and marked with the limited rights legend prescribed in paragraph (g)
of this clause; or
(B) Created exclusively at private expense in the performance of a
contract that does not require the development, manufacture, construction, or
production of items, components, or processes.
(ii) The Government will require a recipient of limited rights data for
emergency repair or overhaul to destroy the data and all copies in its possession
promptly following completion of the emergency repair/overhaul and to notify the
Contractor that the data have been destroyed.
(iii) The Contractor, its subcontractors, and suppliers are not required to
provide the Government additional rights to use, modify, reproduce, release, perform,
display, or disclose technical data furnished to the Government with limited rights.
However, if the Government desires to obtain additional rights in technical data in
which it has limited rights, the Contractor agrees to promptly enter into negotiations
with the Contracting Officer to determine whether there are acceptable terms for
transferring such rights. The Contractor shall ensure that any resulting license
agreement, made part of the contract, lists or describes all technical data for which the
Government has been granted additional rights and specifies those additional rights.
(iv) The Contractor acknowledges that—
(A) The Government is authorized to release or disclose limited rights
data to covered Government support contractors;
(B) The Government will notify the contractor of such release or
disclosure;
(C) The Contractor or the party asserting restrictions in the limited
rights legend may—
(1) Require each covered Government support contractor to enter
into a nondisclosure agreement directly with the Contractor or the party asserting
restrictions regarding use of the data; or
(2) Waive in writing the requirement for a nondisclosure
agreement; and
(D) Any such nondisclosure agreement shall address the restrictions on
the covered Government support contractor's use of the limited rights data 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.
(4) Restricted rights. (i) The Government shall have restricted rights in other
than commercial computer software the contractor must deliver, or that is otherwise
provided, to the Government under this contract that was developed exclusively at
private expense.
(ii) The Contractor, its subcontractors, or suppliers are not required to
provide the Government additional rights in other than commercial computer software
delivered or otherwise provided to the Government with restricted rights. However, if
the Government desires to obtain additional rights in such software, the Contractor
agrees to promptly enter into negotiations with the Contracting Officer to determine
whether there are acceptable terms for transferring such rights. The Contractor shall
ensure that any resulting license agreement, made part of the contract, lists or
describes all other than commercial computer software for which the Government has
been granted additional rights and specifies those additional rights.
(iii) The Contractor acknowledges that—
(A) The Government is authorized to release or disclose restricted
rights computer software to covered Government support contractors;
(B) The Government will notify the Contractor of such release or
disclosure;
(C) The Contractor or the party asserting restrictions in the restricted
rights legend may—
(1) 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 software; or
(2) Waive in writing the requirement for a nondisclosure
agreement; and
(D) Any such nondisclosure agreement shall address the restrictions on
the covered Government support contractor's use of the restricted rights 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.
(5) Specifically negotiated license rights. The standard license rights granted to
the Government under paragraphs (c)(1) through (c)(4) of this clause, including the
period during which the Government shall have government purpose rights in technical
data or computer software, may be modified by mutual agreement but shall not provide
the Government lesser rights than provided in the definition of "limited rights" or
restricted rights" of this clause. Any negotiated rights shall be identified in a license
agreement made part of this contract.
(6) Prior government rights. Technical data 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) The restrictions on the Government's rights to use, modify, reproduce,
release, perform, display, or disclose the data or software have expired or no longer
apply.
(7) 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.
(d) Contractor rights in technical data and computer software. The Contractor
retains all rights not granted to the Government.
(e) Third party copyrighted data and software. The Contractor shall not, without
the written approval of the Contracting Officer, incorporate any copyrighted data or
software in the technical data or computer 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 has affixed a statement of the license or licenses obtained on behalf of the
Government and other persons to the data transmittal document.
(f) Identification and delivery of data to be delivered with restrictions on use, release,
or disclosure. (1) This paragraph does not apply 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 are identified in an attachment to this
contract (the Attachment). The Contractor shall not deliver any data or software with
restrictive markings unless the data are listed on the Attachment.
(3) In addition to the assertions made in the Attachment, the Contractor may
identify other assertions after award when based on new information or inadvertent
omissions unless the inadvertent omissions would have materially affected the source
selection decision. The Contractor shall submit such identification and assertions to the
Contracting Officer as soon as practicable prior to the scheduled date for delivery of the
data or 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
Asserted Name of person
computer software to be Basis for
rights asserting
delivered with restrictions assertion 2
category 3 restrictions 4
1
(LIST) (LIST) (LIST) (LIST)
1 If the assertion is applicable to items, components or processes developed at
private expense, identify both the data and each such item, component, or process.
2 Generally, the development of an item, component, process, or computer software
at private expense, either exclusively or partially, is the only basis for asserting
restrictions on the Government's rights to use, release, or disclose computer
software or technical data related to such items, components, or processes.
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., rights in SBIR/STTR data generated under
another contract, limited rights, restricted rights, or government purpose rights
under this or a prior 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 assertion, 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)(7) of this clause, only the following
legends are authorized under this contract: the government purpose rights legend 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 special license
rights legend at paragraph (g)(6) 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 on all technical
data or 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. For software that will or might be used in
combat or situations that simulate combat conditions, the contractor shall not insert
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,
unless the Contracting Officer's written permission to deliver such software has been
obtained prior to delivery. Reproductions of technical data or computer software or any
portions thereof subject to asserted restrictions shall also reproduce the asserted
restrictions.
(2) Omitted markings. (i) Technical data or computer software delivered or
otherwise provided under this contract without restrictive markings will 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 or computer software pending evaluation of the request.
(ii) The Contractor may request permission to have conforming and justified
restrictive markings placed on unmarked technical data or computer software at its
expense. The request must be received by the Contracting Officer within 6 months
following the furnishing or delivery of such technical data or computer software, or any
extension of that time approved by the Contracting Officer. The Contractor shall—
(A) Identify the technical data or computer software 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 or computer software 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 or computer
software 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 252.227-7989, Rights in Technical Data, Computer
Software, and Computer Software Documentation—Other Than Commercial Products
and Commercial Services, clause contained in the above identified contract. 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.
(End of legend)
(4) Limited rights markings. Data delivered or otherwise furnished to the
Government 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-
7989, Rights in Technical Data, Computer Software, and Computer Software
Documentation—Other Than Commercial Products and Commercial Services, 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. 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 252.227-7014,
Rights in Other Than Commercial Computer Software and Other Than Commercial
Computer Software Documentation, 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) 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
these data or 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 legend 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)(5) of this
clause).
(7) Preexisting data or software 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
deliverable under this contract, 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 technical
data 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. 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 procedures
in the Validation of Asserted Restrictions clause of this contract, a restrictive marking is
determined to be unjustified.
(2) Nonconforming technical data or computer software 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
and the Contractor fails to remove or correct such marking within 60 days, the
Government may ignore or, at the Contractor's expense, remove or correct any
nonconforming marking.
(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, computer software, or
computer software documentation. (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, computer software, or computer software documentation 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 or software 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 or supplier technical data,
computer software, or computer software documentation, 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, computer software,
or computer software documentation will be delivered.
(l) Applicability to subcontractors or suppliers. (1) The Contractor shall ensure that
the rights afforded its subcontractors and suppliers under 10 U.S.C. 3771-3775, 10
U.S.C. 3781-3786, and the identification, assertion, and delivery processes of paragraph
(f) of this clause are recognized and protected.
(2)(i) Except as provided in paragraph (l)(2)(ii) of this clause, the Contractor
shall include this clause in any subcontract or contractual instrument under which
technical data or computer software will be obtained from a subcontractor or supplier
for delivery to the Government. This requirement applies to technical data or software
related to other than commercial products or commercial services, or related to
commercial products or commercial services developed in any part with Government
funds. The Contractor shall also require its subcontractors and suppliers to include this
clause, without alteration except to identify the parties, in any contractual instrument
under which technical data or computer software will be obtained from a subcontractor
or supplier for delivery to the Government. This clause will govern the technical data
related to an other than commercial product or service or to any portion of a commercial
product or commercial service that was developed in any part at Government expense,
and the clause at 252.227-7990 will govern the technical data related to any portion of a
commercial item that was developed exclusively at private expense. 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,
computer software, or computer software documentation.
(ii) The Contractor shall use the clause at 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, to
govern technical data, computer software, or computer software documentation that is
SBIR/STTR data.
(3) Technical data, computer software, or computer software documentation a
subcontractor or supplier must deliver shall normally be delivered to the next higher-
tier contractor, subcontractor, or supplier. However, when there is a requirement in the
prime contract for 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 data or software 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 the
award of a contract as economic leverage to obtain rights in technical data, computer
software, or computer software documentation 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, computer software, or computer
software documentation as an excuse for failing to satisfy its contractual obligations to
the Government.
(End of clause)
Alternate I (DEVIATION 2026-O0036) (FEB 2026). As prescribed in 227.7103-6(b)(1)
and (d), add the following paragraph (m) to the basic clause:
(m) Publication for sale. (1) This paragraph only applies to technical data or
computer software in which the Government has obtained unlimited rights or a license
to make an unrestricted release of technical data or computer software.
(2) The Government will not publish a deliverable technical data or computer
software item or items identified in this contract as being subject to paragraph (m) of
this clause or authorize others to publish such data or software on its behalf if, prior to
publication for sale by the Government and within 24 months following the date
specified in this contract for delivery of such data or software or the removal of any
national security or export control restrictions, whichever is later, the Contractor
publishes that item or items for sale and promptly notifies the Contracting Officer of
such publication(s). Any such publication shall include a notice identifying the number
of this contract and the Government's rights in the published data or software.
(3) This limitation on the Government's right to publish for sale shall continue
as long as the data are reasonably available to the public for purchase.
Alternate II (DEVIATION 2026-O0036) (FEB 2026). As prescribed in 227.7103-6(b)(2),
add the following definition of "Vessel design" in alphabetical order to paragraph (a) and
add paragraph (c)(7) to the basic clause:
(a) "Vessel design" means the design of a vessel, boat, or craft, and its components,
including the hull, decks, superstructure, and the exterior surface shape of all external
shipboard equipment and systems. The term includes designs covered by 10 U.S.C.
8687, and designs protectable under 17 U.S.C. 1301, et seq.
(c)(7) Vessel designs. For a vessel design (including a vessel design embodied in a
useful article) that is developed or delivered under this contract, the Government shall
have the right to make and have made any useful article that embodies the vessel
design, to import the article, to sell the article, and to distribute the article for sale or to
use the article in trade, to the same extent that the Government is granted rights in the
technical data related to the vessel design.