Common use of SELLER’S DATA Clause in Contracts

SELLER’S DATA. (a) Seller agrees that all information, including but not limited to technical data, computer software and documentation, or other information furnished with items or required to be furnished by this Order, together with any information furnished orally, shall be free from proprietary restriction except if elsewhere authorized in this Order. Subject to provision 5(b) below, Seller’s data, for which a restrictive use marking is authorized in this Order, may be duplicated, modified, distributed or otherwise used by Buyer in performance of its customer contracts. Such usage includes, as a minimum, preparation of logistics and instructional information and delivery thereof as required by such customer’s contract. Any other specific rights, not inconsistent with these minimum rights, shall be listed or described in a license or agreement and made a part of this Order. (b) Except as to data available to Buyer without restriction from other sources or independently developed by Buyer or released by Seller without restriction, Seller’s data subject to an authorized restrictive use marking shall not without Seller’s permission be: (1) used by Buyer for procurement from other than Seller; (2) used by Buyer for manufacture of items described by such data; or (3) disclosed outside Buyer or its customers. (1) To the Extent that Seller establishes a claim to statutory copyright in any data first produced or furnished in the performance of this Order, Seller grants Buyer a royalty-free, nonexclusive, irrevocable, world-wide license to publish, distribute, translate, duplicate, exhibit, or perform any such data copyrighted by Seller with the right to grant sublicenses. (2) Seller further agrees not to knowingly include any data copyrighted by others in technical data delivered under this Order without first obtaining, at no additional cost and for the benefit of Buyer, a license therein of the same scope as set forth in provision 5(c)(1).

SELLER’S DATA. (a) Seller agrees that all data or information, regardless of form and including but not limited to technical datatapes, computer software photo prints and documentationother graphic information, or other information furnished with items or required to be furnished by this OrderAgreement, together with any information furnished orally, shall be free from proprietary restriction except if elsewhere authorized in this Orderrestriction. Subject to provision 5(b) below, Seller’s data, Data for which a restrictive use marking is authorized in this Orderherein or by special agreement, may be duplicated, modified, distributed or otherwise duplicated and used by Buyer in the performance of its customer contracts. Such usage includes, as a minimum, present and future contracts including preparation of logistics and instructional information and delivery thereof as required by such customer’s customer contract. Any other specific rights, not inconsistent with these minimum rights, shall be listed or described in a license or agreement and made a part of this Order. (b) Except as Seller further agrees to furnish additional data available to Buyer without restriction from other sources or independently developed required by Buyer or released by Seller without restrictionto support Buyer’s requirements for logistics, Sellermaintenance, and operational data for Buyer’s data subject to an authorized restrictive use marking shall not without Seller’s permission be: (1) used by Buyer for procurement from other than Seller; (2) used by Buyer for manufacture of items described by such data; or customer if ordered within three (3) disclosed outside Buyer or its customersyears of final delivery for a reasonable price for preparation and delivery, including generation thereof, if required. (1) To the Extent extent that Seller establishes a claim to statutory copyright in any data first produced or and furnished in the performance of this OrderAgreement, Seller grants the Buyer a royalty-free, perpetual, nonexclusive, irrevocable, world-wide worldwide license to publish, distribute, translate, duplicate, exhibit, or perform any such data copyrighted by the Seller with the right to grant sublicenses. (2) Exclusive of computer software and related documentation, Seller agrees to grant a license for the benefit of Buyer of the same scope set forth in Provision 12(b) (1) to any technical data delivered under this Agreement that are copyrighted by Seller. (3) Exclusive of computer software and related documentation, Seller further agrees not to knowingly include any data material copyrighted by others in technical data delivered under this Order Agreement without first obtaining, at no additional cost and for the benefit of Buyer, a license therein of the same scope as set forth in provision 5(c)(1Provision 12(b)(1).

SELLER’S DATA. (a) Seller agrees that all information, including but not limited to technical data, computer software and documentation, or other information furnished with items or required to be furnished by this Order, together with any information furnished orally, shall be free from proprietary restriction except if elsewhere authorized in this Order. Subject to provision 5(b) below, Seller’s data, for which a restrictive use marking is authorized in this Order, may be duplicated, modified, distributed or otherwise used by Buyer in performance of its customer contracts. Such usage includes, as a minimum, preparation of logistics and instructional information and delivery thereof as required by such customer’s contract. Any other specific rights, not inconsistent with these minimum rights, shall be listed or described in a license or agreement and made a part of this Order. (b) Except as to data available to Buyer without restriction from other sources or independently developed by Buyer or released by Seller without restriction, Seller’s data subject to an authorized restrictive use marking shall not without Seller’s permission be: be (1) used by Buyer for procurement from other than Seller; (23) used by Buyer for manufacture of items described by such data; or (3) disclosed outside Buyer or its customers. (1) To the Extent that Seller establishes a claim to statutory copyright in any data first produced or furnished in the performance of this Order, Seller grants Buyer a royalty-free, nonexclusive, irrevocable, world-wide license to publish, distribute, translate, duplicate, exhibit, or perform any such data copyrighted by Seller with the right to grant sublicenses. (2) Seller further agrees not to knowingly include any data copyrighted by others in technical data delivered under this Order without first obtaining, at no additional cost and for the benefit of Buyer, a license therein of the same scope as set forth in provision 5(c)(1).