<br />H-10 RIGHTS IN DATA--RECLAMATION
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<br />(a) The term "data" as used herein means information regardless of form
<br />or characteristic, of a scientific or technical nature, or of an
<br />artistically creative nature, such as books and other writings, tech-
<br />nical data, computer programs and software, sound recordings, motion
<br />pictures, sculptures, paintings, or other pictorial works or reproduc-
<br />tions, drawings, or other graphic representations, and works of the per-
<br />forming arts, and works of similar nature (whether or not copyrighted)
<br />which are specified to be delivered under this contract. The term
<br />includes data such as management studies and data produced under support
<br />services contracts, but does not include financial reports, cost analy-
<br />ses, and other information incidental to contract administration.
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<br />(b) All data produced or composed in the course of or under this
<br />contract shall be the sole property of the Government. Except with the
<br />prior written permission of the Contracting Officer, the Contractor
<br />agrees and warrants that its employees and such others who are likely to
<br />author contract data have agreed in writing not to assert any rights at
<br />law or in equity or establish any claim to a statutory copyright in such
<br />data. The Contractor shall not publish or reproduce such data in whole
<br />or in part or in any manner or form or authorize others to do so without
<br />the written consent of the Contracting Officer until such time as the
<br />Government may have released such data to the public.
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<br />(c) The Contractor hereby grants to, or will obtain for the Government,
<br />a royalty-free, nonexclusive, and irrevocable license throughout the
<br />world (1) to publish, exhibit, translate, reproduce, deliver, perform,
<br />use, or otherwise copy and dispose of, in any manner, any and all data
<br />which are not produced or composed in the performance of this contract,
<br />but which are incorporated in the work furnished under this contract;
<br />and (2) to authorize others to do as provided in C.1 above.
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<br />(d) The Contractor shall indemnify and save and hold harmless the
<br />Government, its officers, agents, and employees, acting within the scope
<br />of their official duties against any liability, including costs and
<br />expenses (1) for violation of proprietary rights, copyrights, or rights
<br />of privacy, arising out of the public translation, reproduction, deli-
<br />very, performance, use, or disposition of any data furnished under this
<br />contract; or (2) based upon any libelous, defamatory, or other unlawful
<br />matter contained in such data.
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<br />(e) Nothing contained in this clause shall imply a license to the
<br />Government under any patent, or be construed as affecting the scope of
<br />any licenses or other rights otherwise granted to the Government under
<br />any patent.
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<br />(f) Subparagraphs D. and E. above, are not applicable to material given
<br />to the Contractor by the Government and incorporated in data furnished
<br />under the contract, provided that problems relative to the material are
<br />identified by the Contractor at the time the material is given to him.
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<br />H-5
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