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<br />H-10 RIGHTS IN DATA--RECLAMATION <br /> <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. <br /> <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. <br /> <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. <br /> <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. <br /> <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. <br /> <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. <br /> <br />H-5 <br />