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

BUYER’S USE OF DATA AND INFORMATION. (This article applies only if this contract is issued under a Government prime contract or subcontract.) Seller agrees that any technical data and computer software furnished to Buyer as a required deliverable under this contract 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), or NASA FAR Supplement clauses incorporated herein. On behalf of Xxxxx’s U.S. Government customer, Xxxxx’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 ITEMS 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 Seller or as appropriately authorized by the U.S. Government under the U.S. Government’s license.