Common use of RIGHTS IN TECHNICAL DATA Clause in Contracts

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, the release or disclosure outside of WMATA shall be subject to a nondisclosure agreement. d. Technical data provided in accordance with this Contract shall be identified with a legend that suitably recites any limitation. This article shall not impair WMATA's right to use similar or identical data acquired from other sources. e. Where any item is purchased as a separate line item in this Contract, that purchase includes all integral parts of that item, including any computer software, source code, algorithms, processes, formulae, and flow charts. WMATA has full rights to use, duplicate or disclose any or all parts of the item, including computer software, in whole or in part, in any manner and for any purpose whatsoever, and to permit others to do so. Should disclosure of the computer software be required only under this paragraph, then the Contracting Officer may waive the provisions of this paragraph if he or she certifies in writing that the item is commercially available from multiple sources and will be fully compatible with existing Authority property.‌ f. Material covered by copyright i. The Contractor grants to WMATA, and to its Board members, agents and employees acting within the scope of their official duties, a royalty- free, nonexclusive and irrevocable license throughout the world for WMATA's purposes to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all technical data and computer software whether now or hereafter covered by copyright. ii. No such copyrighted matter shall be included in (1) technical data or (2) computer software furnished hereunder without the written permission of the copyright owner for WMATA to use such copyrighted matter in the manner above described. iii. The Contractor shall report to WMATA promptly and in reasonable written detail each notice or claim of copyright infringement it receives regarding any technical data or computer software covered by subsection (b)(5)

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.‌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;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;including 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;‌reservation; v. All software, whether deemed technical data pursuant to this clause or not, including source code, algorithms, processes, formula and flowflow charts that the Contractor either developed or materially modified for WMATA;‌ 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, or‌or 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, the release or disclosure outside of WMATA shall be subject to a nondisclosure agreement. d. Technical data provided in accordance with this Contract shall be identified with a legend that suitably recites any limitation. This article shall not impair WMATA's right to use similar or identical data acquired from other sources. e. Where any item is purchased as a separate line item in this Contract, that purchase includes all integral parts of that item, including any computer software, source code, algorithms, processes, formulae, and flow charts. WMATA has full rights to use, duplicate or disclose any or all parts of the item, including computer software, in whole or in part, in any manner and for any purpose whatsoever, and to permit others to do so. Should disclosure of the computer software be required only under this paragraph, then the Contracting Officer may waive the provisions of this paragraph if he or she certifies in writing that the item is commercially available from multiple sources and will be fully compatible with existing Authority property.‌property. f. Material covered by copyright i. The Contractor grants to WMATA, and to its Board members, agents and employees acting within the scope of their official duties, a royalty- free, nonexclusive and irrevocable license throughout the world for WMATA's purposes to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all technical data and computer software whether now or hereafter covered by copyright. ii. No such copyrighted matter shall be included in (1) technical data or (2) computer software furnished hereunder without the written permission of the copyright owner for WMATA to use such copyrighted matter in the manner above described.described.‌ iii. The Contractor shall report to WMATA promptly and in reasonable written detail each notice or claim of copyright infringement it receives regarding any technical data or computer software covered by subsection (b)(5)) provided to WMATA.

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.‌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;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 flowflow charts that the Contractor either developed or materially modified for WMATA; 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,WMATA,‌ ii. Used, in whole or in part, by WMATA for manufacturing, or‌or 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, the release or disclosure outside of WMATA shall be subject to a nondisclosure agreement. d. Technical data provided in accordance with this Contract shall be identified with a legend that suitably recites any limitation. This article shall not impair WMATA's right to use similar or identical data acquired from other sources. e. Where any item is purchased as a separate line item in this Contract, that purchase includes all integral parts of that item, including any computer software, source code, algorithms, processes, formulae, and flow charts. WMATA has full rights to use, duplicate or disclose any or all parts of the item, including computer software, in whole or in part, in any manner and for any purpose whatsoever, and to permit others to do so. Should disclosure of the computer software be required only under this paragraph, then the Contracting Officer may waive the provisions of this paragraph if he or she certifies in writing that the item is commercially available from multiple sources and will be fully compatible with existing Authority property.‌property. f. Material covered by copyright i. The Contractor grants to WMATA, and to its Board members, agents and employees acting within the scope of their official duties, a royalty- free, nonexclusive and irrevocable license throughout the world for WMATA's purposes to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all technical data and computer software whether now or hereafter covered by copyright. ii. No such copyrighted matter shall be included in (1) technical data or (2) computer software furnished hereunder without the written permission of the copyright owner for WMATA to use such copyrighted matter in the manner above described.described.‌ iii. The Contractor shall report to WMATA promptly and in reasonable written detail each notice or claim of copyright infringement it receives regarding any technical data or computer software covered by subsection (b)(5)

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.(Revised June 1996) 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 The Authority 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, 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, the release or disclosure outside of WMATA shall be subject to a nondisclosure agreement. d. Technical data provided in accordance with this Contract shall be identified with a legend that suitably recites any limitation. This article shall not impair WMATA's right to use similar or identical data acquired from other sources. e. Where any item is purchased as a separate line item in this Contract, that purchase which includes all integral parts of that item, including any computer software, source code, algorithms, processes, formulae, and flow charts. WMATA has full rights to use, duplicate or disclose any or all parts of the item, including computer software, in whole or in part, in any manner and for any purpose whatsoever, and to have or permit others to do so. Should disclosure : (1) Any manuals, instructional materials prepared for installation, operation, maintenance or training purposes; (2) Technical data pertaining to end items, components or processes which were prepared for the purpose of identifying sources, size, configuration, mating and attachment characteristics, functional characteristics and performance requirements ("form, fit and function" data; e.g., specification control drawings, catalog sheets, outline drawing; except that for computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithm, process, formulae, and flow charts of the computer software software); (3) Other technical data which has been, or is normally furnished without restriction by the Contractor or subcontractor; (4) Other specifically described technical data which the parties have agreed will be required only under this paragraphfurnished without restriction. b. The Authority shall have the right to use, then duplicate, or disclose technical data other than that defined in paragraph a. in whole or in part, with the Contracting Officer may waive express limitation that such technical data shall not, without the written permission of the party furnishing such technical data, be (1) released or disclosed in whole or in part outside the Authority, (2) used in whole or in part by the Authority for manufacture, or (3) used by a party other than the Authority except for emergency repair or overhaul work only, by or for the Authority where the item or process concerned is not otherwise reasonably available to enable timely performance of the work; provided, that the release or disclosure thereof outside the Authority shall be made subject to a prohibition against further use, release or disclosure. c. Technical data provided in accordance with the provisions of paragraph b. shall be identified by a legend which suitably recites the aforesaid limitation. Nothing herein shall impair the right of the Authority to use similar or identical data acquired from other sources. d. The term technical data as used in this paragraph if he article means technical writing, computer software, sound recordings, pictorial reproductions, drawings, or she certifies other graphic representations and works of a technical nature, whether or not copyrighted, which are specified to be delivered pursuant to this Contract. The term does not include financial reports, cost analyses, and other information incidental to Contract administration. Computer software as used in writing that the item is commercially available from multiple sources this article means computer programs, computer data bases, and will be fully compatible with existing Authority property.‌documentation thereof. f. e. Material covered by copyright: i. (1) The Contractor grants agrees to WMATAand does hereby grant to the Authority, and to its Board membersofficers, agents and employees acting within the scope of their official duties, a royalty- royalty-free, nonexclusive and irrevocable license throughout the world for WMATA's Authority purposes to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all technical data and computer software whether now or hereafter covered by copyright. ii. (2) No such copyrighted matter shall be included in (1) technical data or (2) computer software furnished hereunder without the written permission of the copyright owner for WMATA the Authority to use such copyrighted matter in the manner above described. iii. (3) The Contractor shall report to WMATA the Authority (or higher-tier contractor) promptly and in reasonable written detail each notice or claim of copyright infringement it receives regarding received by the Contractor with respect to any technical data or computer software covered by subsection (b)(5)delivered hereunder.