Form S-4/A ACQUISITION SPRING VALLEY

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Data, as used in this clause, means recorded information, regardless of its form or the medium on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to administration, such as financial, administrative, cost or pricing or management information.

Form, fit and function data, as used in this clause, means data relating to items, components or processes which are sufficient to permit physical and functional interchangeability together with data identifying the source, size, configuration, mating and attachment features, performance characteristics and requirements, except that for computer software this means data identifying the source, functional characteristics and performance requirements, but specifically excludes code software source, algorithm, process, formulas and flowcharts.

Limited Rights Data, as used in this clause, means data (other than computer software) developed at private expense that contains trade secrets or is commercial or financial and confidential or privileged.

Restricted computer software, as used in this clause, means computer software developed at private expense and which is a trade secret; is commercial or financial and confidential or privileged; or is published copyrighted computer software; including modifications of such computer software.

Protected Data, as used in this clause, means technical data or commercial or financial data first produced in the performance of the award which, if obtained and first produced by a party non-federal, would be a trade or business secret or financial information that is privileged or confidential within the meaning of 5 USC 552(b)(4) and the data of which is marked as protected data by a party to the award.

Protected Rights, as used in this clause, means the rights to Protected Data set out in the Protected Rights Notice in paragraph (g) of this clause.

Technical data, as used in this clause, means data that is scientific or technical in nature. Technical Data does not include computer software, but includes manuals and instructional materials and technical data formatted as a computer database.

Unlimited Rights, as used in this clause, means the government’s right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, publicly perform and publicly display , in any manner and for any purpose, and to have or enable others to do so.

(b) Allocation of Rights

(1) Except as provided in paragraph (c) of this copyright clause, the Government shall have unlimited rights in:

(i) Data specifically identified in this Agreement as Unrestricted Deliverables;

(ii) form, fit and function data provided under this Agreement;

(iii) Data provided under this Agreement (excluding restricted computer software) which constitute manuals or instructional and training materials for the installation, operation or maintenance and repair of routine items, components, or processes delivered or furnished for use under this Agreement; and

(iv) All other data provided under this Agreement, except as otherwise provided for protected data pursuant to paragraph (g) of this clause or for limited rights data or restricted computer software pursuant to paragraph (h) of this clause.

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