As prescribed in 227.7104(a), use the following clause:
Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research (SBIR) Program (NOV 2023)
IDENTIFICATION AND ASSERTION OF RESTRICTIONS ON THE GOVERNMENT'S USE, RELEASE, OR DISCLOSURE OF TECHNICAL DATA OR COMPUTER SOFTWARE
The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted:
Technical data or computer software to be furnished with restrictions1 | Basis for assertion2 | Asserted rights category3 | Name of person asserting restrictions4 |
(LIST) | (LIST) | (LIST) | (LIST) |
1 If the assertion is applicable to items, components, or processes developed at private expense, identify both the technical data and each such item, component, or process.
2 Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data or computer software. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.
3 Enter asserted rights category (e.g., limited rights, restricted rights, government purpose rights, or government purpose license rights from a prior contract, SBIR data rights under another contract, or specifically negotiated licenses).
4 Corporation, individual, or other person, as appropriate.
Date _______________________________
Printed Name and Title _______________________________
Signature_______________________________
(End of identification and assertion)
LIMITED RIGHTS
Contract No. _______________________________
Contractor Name _______________________________
Contractor Address _______________________________
_______________________________
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(2) of the Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research (SBIR) Program clause contained in the above identified contract. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above named Contractor.
(End of legend)
RESTRICTED RIGHTS
Contract No. _______________________________
Contractor Name _______________________________
Contractor Address _______________________________
_______________________________
The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restricted by paragraph (b)(3) of the Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research (SBIR) Program clause contained in the above identified contract. Any reproduction of computer software or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above named Contractor.
(End of legend)
SBIR DATA RIGHTS
Contract No. _______________________________
Contractor Name _______________________________
Address _______________________________
_______________________________
Expiration of SBIR Data Rights Period _______________________________
The Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data or computer software marked with this legend are restricted during the period shown as provided in paragraph (b)(4) of the Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research (SBIR) Program clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of technical data, computer software, or portions thereof marked with this legend must also reproduce the markings.
(End of legend)
SPECIAL LICENSE RIGHTS
The Government's rights to use, modify, reproduce, release, perform, display, or disclose this technical data or computer software are restricted by Contract No. ________________ (Insert contract number) ________________, License No. ________________ (Insert license identifier) ________________. Any reproduction of technical data, computer software, or portions thereof marked with this legend must also reproduce the markings.
(End of legend)
(End of clause)
Alternate I (JUN 1995). As prescribed in 227.7104(d), add the following paragraph (l) to the basic clause:
48 C.F.R. §§252.227-7018