Common use of Data Categories Clause in Contracts

Data Categories. (1) Category A is the Data developed and paid for totally by private funds, or the PAH's (or its subcontractor's) IR&D funds and it is Data to which the PAH (or its subcontractor) retains all rights. Category A Data shall include, but not be limited to, (a) Data as defined in this Article and any designs or other material provided by the PAH for a project under this Agreement which was not developed in the performance of work under that project, and for which the PAH retains all rights. (b) Any initial Data or technical, marketing, or financial Data provided at the onset of the project by any of the MCDC member entities or PAHs. Such Data shall be marked “Category A” and any rights to be provided to the Government for such Data under a specific project shall be as identified in the proposal submitted to the Government and included into the Technical Direction Letter and CMF issued Project Agreements. (2) Category B is any Data developed under this OTA with mixed funding, i.e. development was accomplished partially with costs charged to a PAH’s indirect cost pools and/or costs not allocated to a PAH’s Project Agreement under this OTA, and partially with Government funding under this OTA. Any Data developed outside of this OTA whether or not developed with any Government funding in whole or in part under a Government agreement, contract or subcontract shall have the rights negotiated under such prior agreement, contract or subcontract; the Government shall get no additional rights in such Data. (3) Category C is any Data developed exclusively with Government funds under this OTA. Research and Development performed was not accomplished exclusively or partially at private expense. Under this category, (a) the Government will have Government Purpose Rights in Data developed exclusively with Government funds under a project funded by the Government under this OTA that is: (i) Data pertaining 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) Data created in the performance of the OTA that does not require the development, manufacture, construction, or production of items, components, or processes; (iv) Form, fit, and function data;

Data Categories. (1) Category A is the Data developed and paid for totally by private funds, or the PAH's (or its subcontractor's) IR&D funds and it is Data to which the PAH (or its subcontractor) retains all rights. Category A Data shall include, but not be limited to, (a) Data as defined in this Article and any designs or other material provided by the PAH for a project under this Agreement which was not developed in the performance of work under that project, and for which the PAH retains all rights. (b) Any initial Data or technical, marketing, or financial Data provided at the onset of the project by any of the MCDC member entities or PAHs. Such Data shall be marked “Category A” and any rights to be provided to the Government for such Data under a specific project shall be as identified in the proposal submitted to the Government and included into the Technical Direction Letter and CMF issued Project Agreements. (2) Category B is any Data developed under this OTA with mixed funding, i.e. development was accomplished partially with costs charged to a PAH’s indirect cost pools and/or costs not allocated to a PAH’s Project Agreement under this OTA, and partially with Government funding under this OTA. Any Data developed outside of this OTA whether or not developed with any Government funding in whole or in part under a Government agreement, contract or subcontract shall have the rights negotiated under such prior agreement, contract or subcontract; the Government shall get no additional rights in such Data. (3) Category C is any Data developed exclusively with Government funds under this OTA. Research and Development performed was not accomplished exclusively or partially at private expense. Under this category, (a) the Government will have Government Purpose Rights in Data developed exclusively with Government funds under a project funded by the Government under this OTA that is: (i) Data pertaining 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) Data created in the performance of the OTA that does not require the development, manufacture, construction, or production of items, components, or processes; (iv) Form, fit, and function data;

Data Categories. (1) 9.3.1. Category A is the Data developed and paid for totally by private funds, or the PAH's Research Project Awardee (or its subcontractorsubawardee's) IR&D funds and it is Data to which the PAH (Government has “Limited” or its subcontractor) retains all “Restricted" rights. Category A Data shall include, but not be limited to, (a) Data as defined in this Article and any designs or other material provided by the PAH Research Project Awardee for a project Research Project Award under this Agreement which was not developed in the performance of work under that projectResearch Project Award, and for which the PAH retains all Government has “Limited” or “Restricted” rights. (b) Any initial Data or technical, marketing, or financial Data provided at the onset of the project Research Project Award by any of the MCDC member entities or PAHsResearch Project Awardees. Such Data shall be marked “Category A” and any rights to be provided to the Government for such Data under a specific project Research Project Award shall be as identified in the proposal submitted to the Government and included into the Technical Direction Project Approval Letter and CMF issued Research Project AgreementsAwards. (2) 9.3.2. Category B is any Data developed previously or under this OTA Agreement with mixed funding, i.e. development was accomplished partially with costs charged to a PAH’s indirect cost pools and/or costs not allocated to a PAH’s Project Agreement under this OTA, and partially with Government funding under this OTAAgreement. Any Data developed outside of this OTA the Research Project Award whether or not developed with any Government funding in whole or in part under a Government agreement, contract or subcontract subaward shall have the rights negotiated under such prior agreement, contract or subcontractsubaward; the Government shall get no additional rights in such Data. (3) 9.3.3. Category C is any Data developed exclusively with Government funds under this OTAAgreement. Research and Development performed was not accomplished exclusively or partially at private expense. Under this category, (a) the Government will have Government Purpose Unlimited Rights in Data developed exclusively with Government funds under a project Research Project Award funded by the Government under this OTA Agreement that is: (i) Data pertaining 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) Data created in the performance of the OTA Agreement that does not require relates to the development, manufacture, construction, or production of items, components, or processes; ; (iv) Form, fit, and function data; (v) Data necessary for installation, operation, maintenance, or training purposes (including detailed manufacturing or process data); (vi) Corrections or changes to technical data furnished to the Contractor by the Government; (vii) Otherwise publicly available or have been released or disclosed by the Research Project Awardee or Subawardee 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 in which the Government has obtained unlimited rights under another Government contract or as a result of negotiations; or (ix) Data furnished to the Government, under this or any other Government contract or subaward thereunder, 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/have expired. (x) Data included in any Regulatory Application, as defined in Article 9.2.11, or comprising a component thereof” (b) However, any Data developed outside of this Agreement whether or not developed with any Government funding in whole or in part under a Government agreement, contract or subaward shall have the rights negotiated under such prior agreement, contract or subaward; the Government shall get no additional rights in such Data. (c) Further, the Government's rights to Commercial Computer Software and Data licensed under a Commercial Computer Software License under this Agreement, and the treatment of Data relating thereto, shall be as set forth in the Commercial Computer Software License. 9.3.4. Category D is any Data developed under any specifically-negotiated data rights agreement consistent with paragraph 9.9 of this article. Any data developed under a specifically-negotiated data rights agreement will have the character and rights specified therein and may be flexible to meet the needs of the parties. Any such specifically-negotiated data rights agreement will be included in the associated Research Project Award. Specifically-negotiated data rights are the exception to the standard Categories A, B and C data described in the forgoing paragraphs. Absence of specifically-negotiated data rights in the Research Project Award will render the data rights allocated consistent with the forgoing paragraphs. 9.3.5. The Government can only order such Data as is developed under the Research Project Award where the order request is made within one (1) year following Research Project Award completion. In the event the Government orders such Data, it shall pay CM or Research Project Awardee the reasonable costs for all efforts to deliver such requested Data, including but not limited to costs of locating such Data, formatting, reproducing, shipping, and associated administrative costs. 9.3.6. The parties to this Agreement understand and agree that the CM shall have its Research Project Awardees stamp all documents in accordance with this Article and that the Freedom of Information Act (FOIA) and Trade Secrets Act (TSA) apply to Data.

Data Categories. (1) Category A is the Data developed and paid for totally by private funds, or the PAH's (or its subcontractor's) IR&D funds and it is Data to which the PAH (or its subcontractor) retains all rights. Category A Data shall include, but not be limited to,, ​ (a) Data as defined in this Article and any designs or other material provided by the PAH for a project under this Agreement which was not developed in the performance of work under that project, and for which the PAH retains all rights.. ​ (b) Any initial Data or technical, marketing, or financial Data provided at the onset of the project by any of the MCDC member entities or PAHs. Such Data shall be marked “Category A” and any rights to be provided to the Government for such Data under a specific project shall be as identified in the proposal submitted to the Government and included into the Technical Direction Letter and CMF issued Project Agreements. (2) Category B is any Data developed under this OTA with mixed funding, i.e. development was accomplished partially with costs charged to a PAH’s indirect cost pools and/or costs not allocated to a PAH’s Project Agreement under this OTA, and partially with Government funding under this OTA. Any Data developed outside of this OTA whether or not developed with any Government funding in whole or in part under a Government agreement, contract or subcontract shall have the rights negotiated under such prior agreement, contract or subcontract; the Government shall get no additional rights in such Data. (3) Category C is any Data developed exclusively with Government funds under this OTA. Research and Development performed was not accomplished exclusively or partially at private expense. Under this category,, ​ (a) the Government will have Government Purpose Rights in Data developed exclusively with Government funds under a project funded by the Government under this OTA that is:: ​ (i) Data pertaining 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) Data created in the performance of the OTA that does not require the development, manufacture, construction, or production of items, components, or processes; ​ ​ ​ ​ (iv) Form, fit, and function data; ​ (v) Data necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data); ​ (vi) Corrections or changes to technical data furnished to the Contractor by the Government; ​ The Government can only order such Data as is developed under the OTA project where the order request is made within one (1) year following OTA project completion. In the event the Government orders such Data, it shall pay the PAH the reasonable costs for all efforts to deliver such requested Data, including but not limited to costs of locating such Data, formatting, reproducing, shipping, and associated administrative costs. (b) The Government shall have unlimited rights in Data ​ (i) Otherwise publicly available or that has been released or disclosed by PAH 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 Data to another party or the sale or transfer of some or all of a business entity or its assets to another party; (ii) Data in which the Government has obtained unlimited rights under another Government contract or as a result of negotiations; or (iii) Data furnished to the Government, under this or any other Government contract or subcontract thereunder, with— (1) Government Purpose Rights or limited rights and the restrictive condition(s) has/have expired; or (2) Government purpose rights and the PAH's exclusive right to use such Data for commercial purposes under such contract or subcontract has expired. ​ (c) However, any Data developed outside of this OTA whether or not developed with any Government funding in whole or in part under a Government agreement, contract or subcontract shall have the rights negotiated under such prior agreement, contract or subcontract; the Government shall get no additional rights in such Data.

Data Categories. (1) i. Category A is the Data developed and paid for totally by private funds, or the PAH's Performer’s (or its subcontractor's’s) IR&D and private funds and it is Data to which the PAH Performer (or its subcontractor) retains all rights. Category A Data shall include, but not be limited to,: (a) 1. Data as defined in this Article and any designs or other material provided by the PAH Performer for a project under this Agreement Agreement, which was not developed in the performance of work under that project, and for which the PAH Performer retains all rights. (b) 2. Any initial Data or technical, marketing, or financial Data provided at the onset of the project by any of the MCDC member entities or PAHsPerformer. Such Data shall be marked “Category A” and any rights to be provided to the Government for such Data under a specific project shall be as identified in the proposal submitted to the Government and included into the Technical Direction Letter and CMF issued Project AgreementsAgreement. (2) ii. Category B is any Data developed under this OTA Agreement with mixed funding, i.e. (i.e., development was accomplished partially with costs charged to a PAH’s the Performers indirect cost pools and/or costs not allocated to a PAH’s Project Agreement the Performers Award under this OTAAgreement, and partially with Government funding under this OTA. Any Data developed outside of this OTA whether or not developed with any Government funding in whole or in part under a Government agreement, contract or subcontract shall have the rights negotiated under such prior agreement, contract or subcontract; the Government shall get no additional rights in such DataAgreement). (3) iii. Category C is any Data developed exclusively with Government funds under this OTAAgreement. Research and Development performed was not accomplished exclusively or partially at private expense. Under this category, (a) the 1. The Government will have Government Purpose Rights in Data developed exclusively with Government funds under a project funded by the Government under this OTA Agreement that is: (i) a. Data pertaining to an item, component, or process which has been or will be developed exclusively with Government funds;will (ii) b. Studies, analysesanalyzes, test data, or similar data produced for this contractAgreement, when the study, analysis, test, or similar work was specified as an element of performance; (iii) c. Data created in the performance of the OTA Agreement that does not require the development, manufacture, construction, or production of items, components, or processes; (iv) ; d. Form, fit, and function data; e. Data necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data); f. Corrections or changes to technical data furnished to the Performer by the Government; The Government can only order such Data as is developed under the Agreement project where the order request is made within 36 months following Agreement project completion or for an alternate duration specified in the Agreement. In the event the Government orders such Data, it shall pay the Performer the reasonable costs for all efforts to deliver such requested Data, including but not limited to costs of locating such Data, formatting, reproducing, shipping, and associated administrative costs. 2. The Government shall have unlimited rights in Data that is: a. Otherwise publicly available or that has been released or disclosed by the Performer 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 Data to another party or the sale or transfer of some or all of a business entity or its assets to another party; b. Data in which the Government has obtained unlimited rights under another Government contract or as a result of negotiations; or c. Data furnished to the Government, under this Agreement or any other Government contract or subcontract thereunder, with- i. Government Purpose Rights or limited rights and the restrictive condition(s) has/have expired; or ii. Government purpose rights and the Performer’s exclusive right to use such Data for commercial purposes under such contract or subcontract has expired. 3. However, any Data developed outside of this Agreement whether or not developed with any Government funding in whole or in part under a Government agreement, contract, or subcontract shall have the rights negotiated under such prior agreement, contract, or subcontract; the Government shall get no additional rights in such Data. 4. Further, the Government’s rights to Commercial Computer Software and Data licensed under a Commercial Computer Software License under this Agreement, and the treatment of Data relating thereto, shall be as set forth in the Commercial Computer Software License. iv. The parties to this Agreement understand and agree that the Performer shall stamp all documents in accordance with this Article and that the Freedom of Information Act (FOIA) and Trade Secrets Act (TSA) apply to Data.