Common use of Data First Produced by NASA Under this Agreement Clause in Contracts

Data First Produced by NASA Under this Agreement. Except for data disclosing an invention owned by NASA for which patent protection is being considered, in the event Participant requests that Data first produced by NASA (or any Related Entity of NASA) in carrying out NASA’s responsibilities under this Agreement be maintained in confidence, and to the extent NASA determines that such Data would be Proprietary Data if it had been obtained from Participant, NASA will mark such Data with a restrictive notice and will maintain such marked Data in confidence for a period of two (2) years after development of the Data, with the express understanding that during the aforesaid restricted period such marked Data may be disclosed and used (under suitable protective conditions) by or on behalf of the U.S. Government for U.S. Government purposes only, and thereafter for any purpose whatsoever without restriction on disclosure and use. Participant agrees not to disclose such marked Data to any third party without NASA’s written approval until the aforesaid restricted period expires.

Data First Produced by NASA Under this Agreement. Except for data disclosing an invention owned by NASA for which patent protection is being considered, in the event Participant requests that Data first produced by NASA (or any Related Entity of NASA) in carrying out NASA’s responsibilities under this Agreement be maintained in confidence, and to the extent NASA determines that such Data would be Proprietary Data if it had been obtained from Participant, NASA will mark xxxx such Data with a restrictive notice and will maintain such marked Data in confidence for a period of two (2) years after development of the Data, with the express understanding that during the aforesaid restricted period such marked Data may be disclosed and used (under suitable protective conditions) by or on behalf of the U.S. Government for U.S. Government purposes only, and thereafter for any purpose whatsoever without restriction on disclosure and use. Participant agrees not to disclose such marked Data to any third party without NASA’s written approval until the aforesaid restricted period expires.