Common use of Omitted or incorrect markings Clause in Contracts

Omitted or incorrect markings. (1) Data delivered to HTFC without any restrictive markings shall be deemed to have been furnished with unlimited rights. HTFC is not liable for the disclosure, use, or reproduction of such data. (2) If the unmarked data has not been disclosed without restriction outside HTFC, the Contractor may request, within 6 months (or a longer time approved by HTFC in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. HTFC may agree to do so if the Contractor: (i) Identifies the data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the proposed notice is authorized; and (iv) Acknowledges that HTFC has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice. (3) If data has been marked with an incorrect notice, HTFC may: (i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or (ii) Correct any incorrect notices.

Appears in 29 contracts

Samples: Contract for Services, Contract for Services, Contract for Services

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Omitted or incorrect markings. (1) Data delivered to HTFC the Government without any restrictive markings no- xxxx authorized by paragraph (d) of this clause shall be deemed to have been furnished fur- nished with unlimited rights. HTFC is not liable The Govern- ment assumes no liability for the disclosure, use, or reproduction of such data. (2) If the unmarked data has not been disclosed dis- closed without restriction outside HTFCthe Gov- ernment, the Contractor may request, within 6 months (or a longer time approved by HTFC the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's ’s expense. HTFC , and the Contracting Officer may agree to do so if the Contractor: (i) Identifies the data to which the omitted notice is to be applied; ; (ii) Demonstrates that the omission of the notice was inadvertent; ; (iii) Establishes that the proposed use of the pro- posed notice is authorized; and and (iv) Acknowledges that HTFC the Government has no liability for with respect to the disclosure, use, disclo- sure or reproduction use of any such data made prior to the addition of the notice or resulting from the omission of the notice. (3) If the data has been marked with an incorrect in- correct notice, HTFC the Contracting Officer may: (i) Permit correction of the notice at the Contractor's expense ’s expense, if the Contractor identifies iden- tifies the data and demonstrates that the correct notice is authorized; or , or (ii) Correct any incorrect notices.

Appears in 6 contracts

Samples: Rights in Data—existing Works, Rights in Data—existing Works, Commercial Computer Software License

Omitted or incorrect markings. (1) Data delivered to HTFC the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. HTFC The Government is not liable for the disclosure, use, or reproduction of such data. (2) If the unmarked data has not been disclosed without restriction outside HTFCthe Government, the Contractor may request, within 6 months (or a longer time approved by HTFC the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. HTFC The Contracting Officer may agree to do so if the Contractor: Contractor- (i) Identifies the data to which the omitted notice is to be applied; ; (ii) Demonstrates that the omission of the notice was inadvertent; ; (iii) Establishes that the proposed notice is authorized; and and (iv) Acknowledges that HTFC the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice. (3) If data has been marked with an incorrect notice, HTFC may: the Contracting Officer may- (i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or or (ii) Correct any incorrect notices.

Appears in 1 contract

Samples: Contract

Omitted or incorrect markings. (1) Data delivered to HTFC the Company without any restrictive markings either the limited rights or restricted rights notice as authorized by paragraph (g) of this clause, or the copyright notice required by paragraph (c) of this clause, shall be deemed to have been furnished with unlimited rights. HTFC is not liable , and the Company and the Government assume no liability for the disclosure, use, or reproduction of such data. (2) If . However, to the unmarked extent the data has have not been disclosed without restriction outside HTFCthe Government, the Contractor Seller may request, within 6 months (or a longer time approved by HTFC in writing the Company for good cause shown) after delivery of the such data, permission to have authorized notices placed on the qualifying data at the Contractor's Seller’s expense. HTFC , and the Company may agree to do so if the Contractor: Seller: (i) Identifies the data to which the omitted notice is to be applied; ; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes iii)Establishes that the use of the proposed notice is authorized; and and (iv) Acknowledges that HTFC has the Company and the Government have no liability for with respect to the disclosure, use, or reproduction of any such data made prior to the addition of the notice or resulting from the omission of the notice. (32) If data has been marked with an incorrect notice, HTFC may: The Company may also (i) Permit permit correction at the Seller’s expense of incorrect notices if the Seller identifies the data on which correction of the notice at the Contractor's expense if the Contractor identifies the data is to be made, and demonstrates that the correct notice is authorized; , or (ii) Correct correct any incorrect notices.

Appears in 1 contract

Samples: Intellectual Property Agreement

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Omitted or incorrect markings. (1) Data delivered to HTFC the Government without any restrictive markings either the limited rights or restricted rights notice as authorized by paragraph (g) of this clause, or the copyright notice required by paragraph (c) of this clause, shall be deemed to have been furnished with unlimited rights. HTFC is not liable , and the Government assumes no liability for the disclosure, use, or reproduction of such data. (2) If . However, to the unmarked extent the data has not been disclosed without restriction outside HTFCthe Government, the Contractor may request, within 6 months (or a longer time approved by HTFC in writing the Contracting Officer for good cause shown) after delivery of the such data, permission to have authorized notices placed on the qualifying data at the Contractor's ’s expense. HTFC , and the Contracting Officer may agree to do so if the Contractor: Contractor – (i) Identifies the data to which the omitted notice is to be applied; ; (ii) Demonstrates that the omission of the notice was inadvertent; ; (iii) Establishes that the use of the proposed notice is authorized; and and (iv) Acknowledges that HTFC the Government has no liability for with respect to the disclosure, use, or reproduction of any such data made prior to the addition of the notice or resulting from the omission of the notice. (32) If data has been marked with an incorrect notice, HTFC may: The Contracting Officer may also (i) Permit permit correction of the notice at the Contractor's ’s expense of incorrect notices if the Contractor identifies the data on which correction of the notice is to be made, and demonstrates that the correct notice is authorized; or , or (ii) Correct correct any incorrect notices.

Appears in 1 contract

Samples: Contract

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