Common use of Handling of Data Clause in Contracts

Handling of Data. 1. In the performance of this Agreement, Participant and any Related Entity of Participant may have access to, be furnished with, or use the following categories of Data: (a) Proprietary Data of third parties that the U.S. Government has agreed to handle under protective arrangements; and/or (b) U.S. Government Data, the use and dissemination of which, the U.S. Government intends to control. 2. Data provided by NASA to Participant under the Agreement: (a) At the time of execution of this Agreement, the Parties agree that the following Proprietary Data of third parties will be provided to the Participant with the express understanding that Participant will use and protect such DATA in accordance with this clause: None (b) At the time of execution of this Agreement, the Parties agree that the following U.S. Government Data will be provided to Participant with the express understanding that Participant will use and protect such U.S. Government Data in accordance with this clause: None (c) At the time of execution of this Agreement, the Parties agree that the following software and related Data will be provided to Participant under a separate Software Usage Agreement with the express understanding that Participant will use and protect such related Data in accordance with this clause. Unless Participant has entered into a license, consistent with 37 C.F.R. Part 404, for software provided under this Agreement, upon completion of activities under this Agreement, such related Data will be disposed of as instructed by NASA: None 3. With respect to such Data specifically identified in this Agreement or specifically marked with a restrictive notice, Participant agrees to: (a) Use, disclose, or reproduce such Data only to the extent necessary to perform the work required under this Agreement; (b) Safeguard such Data from unauthorized use and disclosure; (c) Allow access to such Data only to its employees and any Related Entity that require access for their performance under this Agreement. (d) Except as otherwise indicated in 3(c) above, preclude access and disclosure of such Data outside Participant’s organization; (e) Notify its employees who may require access to such Data about the obligations under this clause and ensure that such employees comply with such obligations, and notify its Related Entity that may require access to such Data about their obligations under this clause; and (f) Return or dispose of such Data, as NASA may direct, when the Data is no longer needed for performance under this Agreement.

Handling of Data. 1. In the performance of this Agreement, Participant and any Related Entity of Participant may have access to, be furnished with, or use the following categories of Data: (a) Proprietary Data of third parties that the U.S. Government has agreed to handle under protective arrangements; and/or (b) U.S. Government Data, the use and dissemination of which, the U.S. Government intends to control. 2. Data provided by NASA to Participant under the Agreement: (a) At the time of execution of this Agreement, the Parties agree that the following Proprietary Data of third parties will be provided to the Participant with the express understanding that Participant will use and protect such DATA in accordance with this clause: None (b) At the time of execution of this Agreement, the Parties agree that the following U.S. Government Data will be provided to Participant with the express understanding that Participant will use and protect such U.S. Government Data in accordance with this clause: None (c) At the time of execution of this Agreement, the Parties agree that the following software and related Data will be provided to Participant under a separate Software Usage Agreement with the express understanding that Participant will use and protect such related Data in accordance with this clause. Unless Participant has entered into a license, consistent with 37 C.F.R. Part 404, for software provided under this Agreement, upon completion of activities under this Agreement, such related Data will be disposed of as instructed by NASA: None 3. With respect to such Data specifically identified in this Agreement or specifically marked with a restrictive notice, Participant agrees to: (a) Use, disclose, or reproduce such Data only to the extent necessary to perform the work required under this Agreement; (b) Safeguard such Data from unauthorized use and disclosure; (c) Allow access to such Data only to its employees and any Related Entity that require access for their performance under this Agreement. (d) Except as otherwise indicated in 3(c3.(c) above, preclude access and disclosure of such Data outside Participant’s organization; (e) Notify its employees who may require access to such Data about the obligations under this clause and ensure that such employees comply with such obligations, and notify its Related Entity that may require access to such Data about their obligations under this clause; and (f) Return or dispose of such Data, as NASA may direct, when the Data is no longer needed for performance under this Agreement.