Common use of BUYER’S USE OF DATA AND INFORMATION Clause in Contracts

BUYER’S USE OF DATA AND INFORMATION. Seller agrees that any technical data and computer software furnished to Buyer as a required deliverable under this Contract to Buyer’s US Government customer will be free from confidential, proprietary, or restrictive-use markings (“Nonconforming Markings”) that are not expressly permitted by applicable FAR, Department of Defense FAR Supplement (“DFARS”), NASA FAR Supplement or other US Government agency FAR supplement clauses incorporated herein. On behalf of Buyer’s US Government customer, Buyer’s procurement agent may notify Seller of such a Nonconforming Marking, and if Seller fails to remove or correct such marking within sixty (60) days after such notification, Buyer may ignore or, at Seller’s expense, remove or obliterate any such Nonconforming Marking as may be on such deliverables. Buyer will protect, in accordance with the CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS clause of this Contract, any Seller technical data or computer software required to be delivered under this Contract, and will use and disclose such technical data and computer software only as authorized by such clause, by Seller, or as authorized by the US Government under the US Government’s license to such technical data and computer software.