Common use of Contractor marking requirements Clause in Contracts

Contractor marking requirements. The clause at 252.227–7014, Rights in Noncommercial Computer Software and Noncommercial Computer Soft- ware Documentation— (1) Requires a contractor who desires to restrict the Government’s rights in computer software or computer soft- ware documentation to place restric- tive markings on the software or docu- mentation, provides instructions for the placement of the restrictive mark- ings, and authorizes the use of certain restrictive markings. When it is antici- pated that the software will or may be used in combat or situations which simulate combat conditions, do not permit contractors to insert instruc- tions into computer programs that interfere with or delay operation of the software to display a restrictive rights legend or other license notice; and (2) Requires a contractor to deliver, furnish, or otherwise provide to the Government any computer software or computer software documentation in which the Government has previously obtained rights with the Government’s pre-existing rights in that software or documentation unless the parties have agreed otherwise or restrictions on the Government’s rights to use, modify, produce, release, or disclose the soft- ware or documentation have expired. When restrictions are still applicable, the contractor is permitted to mark the software or documentation with the appropriate restrictive legend.