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: Technical Data or Computer Software Name of Person to be Furnished Basis for Asserted Rights Asserting With Restrictions* Assertion** Category*** Restrictions**** (LIST) (LIST) (LIST) (LIST) *If the assertion is applicable to items, components, or processes developed at private expense, identify both the technical data and each such item, component, or process. **Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data or computer software. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted. ***Enter asserted rights category (e.g., limited rights, restricted rights, government purpose rights, or government purpose license rights from a prior contract, SBIR data rights under another contract, or specifically negotiated licenses). ****Corporation, individual, or other person, as appropriate. Date
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