Rights in software documentation

The following chart summarizes the appropriate DFARS clauses to include in solicitations and contracts for the acquisition of technical data, computer software and computer software documentation. However, the circumstances of each acquisition may vary. Do not use or Strongly recommended in all contracts. Strongly recommended in all solicitations and contracts. Review Portions of this software are based in part on the work of University of Southern California.

Because Microsoft has included the University of Southern California software in this product, Microsoft is required to include the following text that accompanied such software:. Permission to use, copy, modify, and distribute this software and its documentation in source and binary forms for any purpose and without fee is hereby granted, provided that both the above copyright notice and this permission notice appear in all copies, and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed in part by the University of Southern California, Information Sciences Institute.

The name of the University may not be used to endorse or promote products derived from this software without specific prior written permission. Portions of this software are based in part on the work of James Kanze. Because Microsoft has included the James Kanze software in this product, Microsoft is required to include the following text that accompanied such software:. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use, or other dealings in this Software without prior written authorization of the copyright holder.

MD5 Message-Digest Algorithm" in all material mentioning or referencing this software or this function. License is also granted to make and use derivative works provided that such works are identified as "derived from the RSA Data Security, Inc.

MD5 Message-Digest Algorithm" in all material mentioning or referencing the derived work. It is provided "as is" without express or implied warranty of any kind. Portions of this software are based in part on the work of Regents of The University of Michigan.

Because Microsoft has included the Regents of The University of Michigan software in this product, Microsoft is required to include the following text that accompanied such software:. Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of The University of Michigan not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.

This software is supplied as is without expressed or implied warranties of any kind. Redistribution and use in source and binary forms are permitted provided that this notice is preserved and that due credit is given to the University of Michigan at Ann Arbor. Portions of this software are based in part on the work of Massachusetts Institute of Technology. Because Microsoft has included the Massachusetts Institute of Technology software in this product, Microsoft is required to include the following text that accompanied such software:.

Export of this software from the United States of America may require a specific license from the United States Government. It is the responsibility of any person or organization contemplating export to obtain such a license before exporting.

It is provided "as is" without express or implied warranty. Under U. Commerce department. This product includes software developed by the University of California, Berkeley and its contributors.

Portions of this software are based in part on the work of Autodesk, Inc. Because Microsoft has included the Autodesk, Inc. This product contains graphics filter software; this software is based in part on the work of the Independent JPEG Group.

All rights reserved. Portions of this software are based in part on the work of Unicode, Inc. Because Microsoft has included the Unicode, Inc. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder.

Portions of this software are based in part on the work of Media Cybernetics. Because Microsoft has included the Media Cybernetics software in this product, Microsoft is required to include the following text that accompanied such software:. Portions of this software are based in part on the work of Luigi Rizzo.

Because Microsoft has included the Luigi Rizzo software in this product, Microsoft is required to include the following text that accompanied such software:. Portions derived from code by Phil Karn karn ka9q. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Portions of this software are based in part on the work of W3C.

Because Microsoft has included the W3C software in this product, Microsoft is required to include the following text that accompanied such software:. This work and included software, documentation such as READMEs, or other related items is being provided by the copyright holders under the following license. Permission to copy, modify, and distribute this software and its documentation, with or without modification, for any purpose and without fee or royalty is hereby granted, provided that you include the following on ALL copies of the software and documentation or portions thereof, including modifications:.

Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, the W3C Software Short Notice should be included hypertext is preferred, text is permitted within the body of any redistributed or derivative code.

Notice of any changes or modifications to the files, including the date changes were made. We recommend you provide URLs to the location from which the code is derived. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders.

Portions of this software are based in part on the work of Sun Microsystems, Inc. Because Microsoft has included the Sun Microsystems, Inc. Users may copy or modify Sun RPC without charge, but are not authorized to license or distribute it to anyone else except as part of a product or program developed by the user.

Public announcements in the Commerce Business Daily or other publications must provide notice of the use and non-disclosure requirements. Class use and non-disclosure agreements e.

Documents transmitting government purpose rights software or documentation to persons under class agreements shall identify the specific software or documentation subject to government purpose rights and the class agreement under which such software or documentation are provided. When the Government has a need for additional rights, the Government must negotiate with the contractor to determine if there are acceptable terms for transferring such rights.

List or describe all software in which the contractor has granted the Government additional rights in a license agreement made part of the contract see paragraph d of this subsection. The license shall enumerate the specific additional rights granted to the Government.

Negotiate specific licenses when the parties agree to modify the standard license rights granted to the Government or when the Government wants to obtain rights in computer software in which it does not have rights.

When negotiating to obtain, relinquish, or increase the Government's rights in computer software, consider the planned software maintenance philosophy, anticipated time or user sharing requirements, and other factors which may have relevance for a particular procurement. If negotiating to relinquish rights in computer software documentation, consider the administrative burden associated with protecting documentation subject to restrictions from unauthorized release or disclosure.

As provided at When it is anticipated that the software will or may be used in combat or situations which simulate combat conditions, do not permit contractors to insert instructions into computer programs that interfere with or delay operation of the software to display a restrictive rights legend or other license notice; and. When restrictions are still applicable, the contractor is permitted to mark the software or documentation with the appropriate restrictive legend. To the extent practicable, if a contractor has requested permission see paragraph c 2 of this subsection to correct an inadvertent omission of markings, do not release or disclose the software or documentation pending evaluation of the request.

The request must be received by the contracting officer within six months following the furnishing or delivery of such software or documentation, or any extension of that time approved by the contracting officer. The person making the request must—. All other markings are nonconforming markings.

An authorized marking that is not in the form, or differs in substance, from the marking requirements in the clause at To the extent practicable, the contracting officer should return computer software or computer software documentation bearing nonconforming markings to the person who has placed the nonconforming markings on the software or documentation to provide that person an opportunity to correct or strike the nonconforming markings at that person's expense.

If that person fails to correct the nonconformity and return the corrected software or documentation within 60 days following the person's receipt of the software or documentation, the contracting officer may correct or strike the nonconformity at that person's expense.

When it is impracticable to return computer software or computer software documentation for correction, contracting officers may unilaterally correct any nonconforming markings at Government expense. Prior to correction, the software or documentation may be used in accordance with the proper restrictive marking. For example, a restricted rights legend placed on computer software developed under a Government contract either exclusively at Government expense or with mixed funding situations under which the Government obtains unlimited or government purpose rights is an unjustified marking.

However, at any time during performance of a contract and notwithstanding existence of a challenge, the contracting officer and the person who has asserted a restrictive marking may agree that the restrictive marking is not justified.

Upon such agreement, the contracting officer may, at his or her election, either—. If the software or documentation are returned and that person fails to correct or strike the unjustified restriction and return the corrected software or documentation to the contracting officer within 60 days following receipt of the software or documentation, the unjustified marking shall be corrected or stricken at that person's expense.

An offeror's or contractor's assertion s of restrictions on the Government's rights to use, modify, reproduce, release, or disclose computer software or computer software documentation do not, by themselves, determine the extent of the Government's rights in such software or documentation. The Government may require an offeror or contractor to submit sufficient information to permit an evaluation of a particular asserted restriction and may challenge asserted restrictions when there are reasonable grounds to believe that an assertion is not valid.

Contracting officers should have a reason to suspect that an asserted restriction might not be correct prior to requesting information. When requesting information, provide the offeror or contractor the reason s for suspecting that an asserted restriction might not be correct. A need for additional license rights is not, by itself, a sufficient basis for requesting information concerning an asserted restriction. Follow the procedures at Contracting officers should permit a subcontractor or supplier to transact challenge and validation matters directly with the Government when—.

The challenge procedures in the clause at Therefore, avoid challenging asserted restrictions prior to a competitive contract award unless resolution of the assertion is essential for successful completion of the procurement.

Computer software documentation is technical data. Challenges to asserted restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose computer software documentation must be made in accordance with the clause at The procedures in the clause at Resolution of questions regarding the validity of asserted restrictions using the process described at The Government's right to challenge an assertion expires three years after final payment under the contract or three years after delivery of the software, whichever is later.

Those limitations on the Government's challenge rights do not apply to software that is publicly available, has been furnished to the Government without restrictions, or has been otherwise made available without restrictions. Before challenging an asserted restriction, carefully consider all available information pertaining to the asserted restrictions.

After consideration of the situations described in paragraph c of this subsection, contracting officers may request the person asserting a restriction to furnish a written explanation of the facts and supporting documentation for the assertion in sufficient detail to enable the contracting officer to determine the validity of the assertion. Additional supporting documentation may be requested when the explanation provided by that person does not, in the contracting officer's opinion, establish the validity of the assertion.