RIGHTS IN TECHNICAL DATA. The Contractor grants or shall obtain for the Government the following royalty free, world-wide, non- exclusive, irrevocable license rights in tech- nical data other than computer software doc- umentation (see the Rights in Noncommer- cial Computer Software and Noncommercial Computer Software Documentation clause of this contract for rights in computer software documentation):
RIGHTS IN TECHNICAL DATA. WMATA does not waive any rights to technical data originating from or developed in the course of performance of this contract.
RIGHTS IN TECHNICAL DATA. (a) Technical Data: Rights in Technical Data shall be allocated as follows:
(1) NYSERDA shall have:
(i) unlimited rights in Contract Data except as otherwise provided below with respect to Proprietary Data; and
(ii) no rights under this Agreement in any Technical Data which are not Contract Data.
(2) The Contractor shall have:
(i) the right to withhold Proprietary Data in accordance with the provisions of this clause; and
(ii) the right to make, use and sell the 7000 PEM Fuel Cell. If the Contractor fails to make, use, and sell the 7000 PEM Fuel Cell within five years from the Contractor's receipt of Final Payment as described in Section 4.04 hereof, under conditions which indicate that the benefits of the 7000 PEM Fuel Cell are available to the public on reasonable terms, NYSERDA shall have a royalty-free, exclusive, worldwide license sufficient in scope to allow NYSERDA to make, use or sell the 7000 PEM Fuel Cell and to allow others to do so, including a non-exclusive right in Proprietary Data incorporated into or necessary for use in connection with the making, use, or sale of the 7000 PEM Fuel Cell by NYSERDA or its sublicensees. The Contractor agrees to disclose such Proprietary Data to NYSERDA, and NYSERDA may disclose such Proprietary Data to its sublicensees who have agreed to keep such Proprietary Data confidential; and
(iii) the right to use for its private purposes subject to patent, or other provisions of this Agreement, Contract Data it first produces in the performance of this Agreement provided the data requirements of this Agreement have been met as of the date of the private use of such data. The Contractor agrees that to the extent it receives or is given access to Proprietary Data or other technical, business or financial data in the form of recorded information from NYSERDA or a NYSERDA contractor or subcontractor, the Contractor shall treat such data in accordance with any restrictive legend contained thereon, unless another use is specifically authorized by prior written approval of the Contract Administrator.
RIGHTS IN TECHNICAL DATA. 31.1 Subject to the rights of third parties and to existing rights of “Company” arising otherwise than by virtue of the Order, and with due regard to national security regulations, all rights in the results of work undertaken by or on behalf of the Purchaser for the purposes of the Order, including any technical data specifications, report, drawings, computer software data, computer programmes, computer databases, computer software, documentation including software documentation, design data, specifications, instructions, test procedures, training material produced or acquired in the course of such work and, in particular, all rights, including copyright therein, shall vest in and shall be the sole and exclusive property of the Purchaser.
RIGHTS IN TECHNICAL DATA. (1) All documents and materials prepared or developed by Contractor and its subcontractor pursuant to this Contract will become the property of LCOG without restriction or limitation on their use and will be made available upon request, to LCOG at any time. Original copies of such will be delivered to LCOG upon completion or termination of the Services. Contractor will be permitted to retain copies of such items for the furtherance of its technical proficiency; however, publication or dissemination of this material is subject to the prior written approval of LCOG.
(2) No material or technical data prepared by Contractor under this Contract is to be released by Contractor to any other person or agency except as necessary for the performance of the Services.
(3) LCOG will have the right to use, duplicate, modify or disclose the technical data and the information conveyed therein, in whole or in part, in any manner whatsoever, and to have or permit others to do so.
(4) Contractor grants LCOG and its subsidiaries, officers, agents, representatives and employees, acting within the scope of their official duties, a royalty-free, perpetual license to publish, translate, reproduce, deliver and use as they deem fit all technical data covered by copyright supplied for this Contract. No copyrighted matter will be included in technical data furnished hereunder without the written permission of the copyright owner for LCOG to use such in the manner herein described.
(5) Contractor warrants that the processes, design, equipment, materials or devices used in providing the Services will be delivered free of any rightful claim of any third party for infringement of any United States patent or copyright. If a suit or proceeding based on a claimed infringement of a patent or copyright is brought against LCOG, Contractor will, at its own expense, defend or settle any such suit or proceeding if authorized to do so in writing by LCOG, and indemnify and hold harmless LCOG, it subsidiaries, officers, agents, representatives and employees from all liability, costs and expenses associated therewith, including, without limitation, defense costs and attorneys’ fees.
RIGHTS IN TECHNICAL DATA. A. No material or technical data prepared by the CONTRACTOR under this Agreement is to be released by CONTRACTOR to any other person or entity except as necessary for the performance of the Work. All press releases or information concerning the Work that might appear in any publication or dissemination, including but not limited to newspapers, magazines, electronic media, shall first be authorized in writing by the AUTHORITY.
B. The originals of all letters, documents, reports and other products and data produced under this Agreement shall become the property of the AUTHORITY without restriction or limitation on their use and shall be made available upon request to the AUTHORITY at any time. Original copies of such shall be delivered to the AUTHORITY upon completion of the work or termination of the work. The CONTRACTOR shall be permitted to retain copies of such items for the furtherance of its technical proficiency; however, publication of this material is subject to the prior written approval of the AUTHORITY.
RIGHTS IN TECHNICAL DATA. WMATA does not waive any rights to technical data originating from or developed in the course of performance of this contract.
a. Technical Data" as the term is used in this Contract includes but is not limited to all technical writings, computer software, sound recordings, pictorial reproductions, drawings or other graphical representations and works of a technical nature, whether or not subject to a competing claim of copyright, when such works are delivered pursuant this Contract.
b. WMATA and its agents shall have the right to use, duplicate, disclose or license technical data in whole or in part in any manner and for any purpose whatsoever, including but not limited to:
i. Any manuals, documents, or instructional materials prepared for installation, operation, maintenance or for training;
ii. Information related to end items, components or processes including those identifying sources, sizes, configurations, mating and attachment characteristics whether functional or performance based, including "form, fit or function" data such as specification control drawings, catalog sheets, and outline drawings;
iii. All other technical data that the Contractor or any Subcontractor has furnished without reservation;
iv. Any other specifically described information that the parties have separately agreed will be furnished without reservation;
v. All software, whether deemed technical data pursuant to this clause or not, including source code, algorithms, processes, formula and flow
vi. Any subject matter for which WMATA is required by law or regulation to acquire a royalty-free irrevocable and nonexclusive license on behalf of and for the benefit of a government agency.
c. WMATA shall have the right to use, duplicate, or disclose technical data other than as defined in paragraph (a), in whole or in part. Such technical data shall not, without the written permission of the party furnishing such technical data, be:
i. Released or disclosed, in whole or in part, outside of WMATA,
ii. Used, in whole or in part, by WMATA for manufacturing, or
iii. Used by a party other than WMATA except for: (1) emergency repair or overhaul, (2) where the item or process concerned is not otherwise reasonably available to WMATA to enable timely performance of this work, or (3) administration of this Contract or the inspection of any products produced under it, where the third party has a written contract with WMATA to perform these efforts. In all cases described in this subsection, ...
RIGHTS IN TECHNICAL DATA.
1. The Government shall have Government Purpose Rights (GPR) in Technical Data, Computer Software, and Computer Software Documentation delivered under this Agreement, except as provided in paragraphs 2, 3, and 4.
2. Unless otherwise specified in individual prototype projects, the Government shall have Unlimited Rights in Data for the following:
a. Form, fit, and function Data;
b. Corrections or changes to Data furnished to the Consortium Member by the Government;
c. Data otherwise publicly available or have been released or disclosed by the Consortium Member, or subagreement holder without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the Data to another party or the sale or transfer of some or all of a business entity or its assets to another party;
d. Studies, analyses, test data, or similar data produced for this Agreement, when the study, analysis, test, or similar work was specified as an element of performance, excluding Consortium Member's internal development milestones;
e. Data necessary for operation, maintenance, installation, or training; and
f. Computer software documentation required to be delivered under this Agreement.
3. Consortium Members shall attach to any offer submitted under this Agreement a list of all documents or other media incorporating technical data or computer software it intends to deliver with less than Government Purpose rights. The list shall identify the technical data or computer software to be furnished with restrictions, the basis for asserting less than Government Purpose Rights for each listing, the degree of restriction asserted for each listing, the duration of the restriction, and the name of the person or company asserting the restriction.
4. Data or Computer Software that will be delivered, furnished, or otherwise provided to the Government under this Agreement, in which the Government has previously obtained rights, shall be delivered, furnished, or provided with the pre-existing rights, unless the parties have agreed otherwise in an individual prototype project, or any restrictions on the Governments rights to use, modify, reproduce, display or disclose the data have expired or no longer apply.
5. The Consortium Member awarded a prototype project agreement, their subagreement holders, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perf...
RIGHTS IN TECHNICAL DATA. The U.S. Government may publish, reproduce, and use all data obtained from this Cooperative Agreement project in any manner and for any purpose, without limitation, and may authorize others to do the same.
RIGHTS IN TECHNICAL DATA. Definitions:
