Marking of Data. Pursuant to Paragraph A above, any Data delivered under this Agreement shall be marked with the following legend: Use, duplication, or disclosure is subject to the restrictions as stated in Agreement HR0011-XX-9-XXXX between the Government and the Performer.
Marking of Data. Pursuant to paragraph A. above, any Data delivered under this Agreement shall be marked with the appropriate data rights markings and the Performer’s name and address and include the following legend: Use, duplication, or disclosure is subject to the restrictions as stated in Agreement HR0011-XX-3-XXXX between the Government and the Performer.
Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 Data that are Proprietary Information or Restricted Access Information XYZ shall place a proper proprietary marking on each medium used for recording Data that XYZ delivers to NRL under this Agreement that XYZ asserts is Proprietary Information. NRL shall inform XYZ whenever Subject Data generated by NRL is to be marked as Restricted Access Information. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION - NRL MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX”;
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXX”;
(c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – PROTECT IN ACCORDANCE WITH NCRADA-NRL-«CRADA_no» UNTIL [INSERT DATE]: wherein the date to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document”.
7.1.1.3.3 Data that are Subject to 35 USC 205 NRL shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
Marking of Data. Pursuant to paragraph A above, any Process Data delivered under this Agreement for which the Government is entitled to Limited Rights shall be marked with the following legend: “These data are submitted with limited rights under Agreement No. H92405-XX-9-Pxxx. These data may be reproduced and used by the Government with the express limitation that they will not, except for specific situations detailed in the Agreement, without written permission of the PERFORMER, be used for purposes of manufacture/reproduce nor disclosed outside the Government.” SBIR data rights markings. Except for technical data or computer software in which the Government has acquired unlimited rights under paragraph 1 of this article where the Government had previous rights, or negotiated special license rights, technical data or computer software generated under this agreement shall be marked with the following legend. The PERFORMER shall enter the expiration date for the SBIR data rights period on the legend: SBIR DATA RIGHTS Marking: Agreement No. PERFORMER Name PERFORMER Address Expiration of SBIR Data Rights Period The Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data or computer software marked with this legend are restricted during the period shown as provided in Article X of the listed agreement—Small Business Innovation Research (SBIR) Data Rights. No restrictions apply after the expiration date shown above. Any reproduction of technical data, computer software, or portions thereof marked with this legend must also reproduce the markings. (End of legend) The PERFORMER shall not deliver any technical data or computer software with restrictive markings unless the technical data or computer software are listed on the table below. This does not apply to technical data or computer software that were or will be generated under this agreement or to restrictions based solely on copyright: Computer Software Name of Person to be Furnished Basis for Asserted Rights Asserting With Restrictions* Assertion** Category*** Restrictions**** (LIST) (LIST) (LIST) (LIST)
Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights
7.1.1.3.2 Data That are Proprietary Information or Restricted Access Information
7.1.1.3.3 Data That are Subject to 35 USC 205
7.1.1.3.4 Data That are Classified Information, CUI, MCT, or Otherwise Restricted
Marking of Data. Pursuant to Paragraph A above, any SBIR Data delivered under this Agreement shall be marked with the appropriate data rights markings, the Performer’s name and address and include the following legend: SBIR DATA RIGHTS Funding Agreement No. HR0011-XX-9-XXXX Award Date SBIR Protection Period SBIR Awardee SBIR Awardee Address This is SBIR Data or Computer Software or a Prototype that embodies or includes SBIR Data to which the SBIR Awardee has SBIR Data Rights and to which the Federal Government has received SBIR Technical Data Rights or SBIR Computer Software Rights during the SBIR Protection Period and rights of use for Government Purposes after the SBIR Protection Period, as those terms are defined in this SBIR Other Transaction Agreement. Any reproduction of SBIR Data or portions of such data marked with this legend must also reproduce the markings. All other data delivered under this Agreement shall the marked with the appropriate data rights markings, the Performer’s name and address, and include the following legend: Use, duplication, or disclosure is subject to the restrictions as stated in Agreement HR0011-XX-9-XXXX between the Government and the Performer.
Marking of Data. Any Data delivered under this Agreement shall be marked with a suitable notice or legend. Notwithstanding the Paragraphs in this Article, differing rights in Data may be negotiated among the Parties to each individual project on a case-by-case basis.
Marking of Data. Except for Data delivered with unlimited rights, Data to be delivered under this Agreement subject to restrictions on use, duplication or disclosure shall be marked with the following legend: Use, duplication, or disclosure is subject to the restrictions as stated in the Agreement between the U.S. Government and the MCDC, Agreement No. W15QKN-16-9-1002, Project Title and the MCDC Project Agreement with [insert name of company] No. . It is not anticipated that any Category A Data will be delivered to the Government under this Agreement. In the event commercial computer software and Data is licensed under a commercial computer software license under this OTA, a Special License rights marking legend shall be used as agreed to by the parties. The Government shall have unlimited rights in all unmarked Data. In the event that a PAH learns of a release to the Government of its unmarked Data that should have contained a restricted legend, the CMF on behalf of the member entity or PAH will have the opportunity to cure such omission going forward by providing written notice to the Government AO within three (3) months of the erroneous release.
Marking of Data. Any Data delivered under this Agreement shall be marked with a suitable notice or legend.
Marking of Data. The Awardee will xxxx any data delivered under this Agreement with the following legend: "Use, duplication, or disclosure is subject to the restrictions as stated in Agreement No. (b) (4) between the Government and the Awardee." Any rights that the Awardee or the Government may have in data delivered under this Agreement, whether arising under this Agreement or otherwise, will not be affected by Awardee's failure to xxxx data pursuant to this Article.
