AAWSAP Solicitation and Original Order, September 2008

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SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
B. l
52 . 227-17
RIGHTS IN DATA--SPECIAL WORKS (DEC 2007)
(a) Definitions . As used i n this c l ause-­
"Data" means recorded information , regardless of form or the media on
which i t may be recorded . The
term incl udes technical data and computer software . The term does not include information incidental
to cont ract
administration, such as financial , administrative , cost or pricing, or
management
i nfor mation .
"Unlimited rights " means the rights of the Government to use , disclos e ,
reproduce, prepare
derivative works, distribute copies to the public, and perform publicly and d i splay publicly, in any
manner and for any purpose,
and to have or permit othe rs to do so .
(b) Allocation of Rights .
(1 ) The Government shall have-­
(i) Unlimited rights i n a l l data delivered under this contract , and in
a l l data first produced
i n the per for mance of this contract , except as
provided i n paragraph (c ) of t his clause .
(ii ) The right t o limit assertion of copyright in data f i rst produced
in the performance of
t his contract, and to obtain assignment of copyright
in t hat data, in accordance with paragraph (c )
(1) of this clause .
(iii ) The right to limit the release and use of certain data in accordance with paragraph (d)
of t h i s clause .
(2 ) The Contractor shall have, to the extent permission is granted in accordance with paragraph
(c) (1 ) of this c lause, t he r ight to assert clai m to copyri ght subsisti ng i n data first produced in
the performance of this contract .
(c ) Copy r i ght-­
(End of clause )
(1 ) Data firs t produced in the performa nce of t his contract .
(i) The Contractor s hall not assert or authorize others to assert any
claim to copyri ght
subsi s ting i n any dat a first produced i n t he performance
of t his contract without prior written
permission of the Contracti ng Officer .
When copyright is asserted, the Contractor shal l affix the
appropriate
copyr ight notice of 17 U. S .C. 401 or 402 and acknowledgment of Government
sponsorshi p
(including contract number) to the data when delivered to the
Government, as well as when the data
are publishe d or deposited for
registration as a published work i n the U. S . Copyri ght Office . The
Contractor grants t o the Government, and others acting o n its behalf, a paid-up ,
nonexclusive ,
irrevocable, worldwi de license for all delivered data to
reproduce, prepare derivative works ,
distribute copies to t he publ i c , and
perform publicly and display publ icly, by or on behalf of the
Government .
(ii) I f the Government desires to obtain copyright in data first produced in t he performance
of this contract a nd permission has not been
granted as set forth in paragraph (c ) (1 ) (i ) of
this c lause, the Contracting Officer s hall direct t he Contractor to assign (with o r without
registration),
or obtain the assignment of, the copyri ght to the Government or its designated
assignee .
(2 ) Data not first produced in the performance of this contract . The
Contractor shall not,
without pri or written permission of the Contracting
Officer , i ncorporate i n data delivered under
this cont ract any data not first produced i n the performance of t his contract and that contain t he
copyri ght noti ce of 17 u.s .c. 401 or 402, unless the Contractor identi fies
such data and grants to
the Government , or acquires on its behalf, a license
of t he same scope as set forth in paragraph (c)
(1 ) of this clause .
(d ) Rel ease a nd use restr ictions . Except as otherwise specifically
provided for i n t hi s contract,
the Contractor shal l not use, release,
reproduce, distribute, or publish any data first produced i n
the perfor mance
of this contract, nor authorize others to do so, wi thout written p ermission of t he
Contract i ng Officer .
(e) Indemn i ty . The Contractor shall indemnify the Government and its officers , agents , a nd
employees acting for t he Government against any
liability, includi ng costs and e xpenses, i ncurred as
t he result of the viol ation of trade secrets, copyrights, or right of privacy or publicity,
arising
out of t he creation , delivery, publ ication, or use of a n y data
f urnished under thi s cont ract; or
a ny libelous or other unlawful matter
contained i n s uch data . The provisions of t h is paragraph do
not a pply unless the Government p rovides notice to the Contractor as soon as practicable of
any
c l aim or s uit, affords the Contractor an opportunity under appl icable
laws , rules , or regulations
to participate in the defense of the claim or suit , and obtains the Contractoris consent to the
settlement of any claim or
s uit other than as required by final decree of a court of competent
j urisdict i on; and these p rovisions do not a pply to material furnished to the
Contractor by the
Government and incorporat ed i n data t o which this clause
applies .
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