part ii - contract clauses

DE-AC05-00OR22725
Modification No. 341
Section I
Notice: These data were produced by (insert name of Contractor) under
Contract No. with the Department of Energy. For (period approved by
DOE Patent Counsel) from (date permission to assert copyright was
obtained), the Government is granted for itself and others acting on its
behalf a nonexclusive, paid-up, irrevocable worldwide license in this
data to reproduce, prepare derivative works, and perform publicly and
display publicly, by or on behalf of the Government. There is provision
for the possible extension of the term of this license. Subsequent to that
period or any extension granted, the Government is granted for itself and
others acting on its behalf a nonexclusive, paid-up, irrevocable
worldwide license in this data to reproduce, prepare derivative works,
distribute copies to the public, perform publicly and display publicly,
and to permit others to do so. The specific term of the license can be
identified by inquiry made to Contractor or DOE. NEITHER THE
UNITED STATES NOR THE UNITED STATES DEPARTMENT OF
ENERGY, NOR ANY OF THEIR EMPLOYEES, MAKES ANY WARRANTY,
EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY DATA, APPARATUS, PRODUCT, OR PROCESS
DISCLOSED, OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE
PRIVATELY OWNED RIGHTS.
(End of Notice)
(vi) With respect to any data to which the Contractor has received
permission to assert copyright, the DOE has the right, during the five
(5) year or specified longer period approved by Patent Counsel as
provided for in paragraph (e) of this clause, to request the Contractor
to grant a nonexclusive, partially exclusive or exclusive license in any
field of use to a responsible applicant(s) upon terms that are
reasonable under the circumstances, and if the Contractor refuses such
request, to grant such license itself, if the DOE determines that the
Contractor has not made a satisfactory demonstration that either it or
its licensee(s) is actively pursuing commercialization of the data as set
forth in subparagraph (e)(1)(A) of this clause. Before licensing under
this subparagraph (vi), DOE shall furnish the Contractor a written
request for the Contractor to grant the stated license, and the
Contractor shall be allowed thirty (30) days (or such longer period as
may be authorized by the contracting officer for good cause shown in
writing by the Contractor) after such notice to show cause why the
license should not be granted. The Contractor shall have the right to
appeal the decision of the DOE to grant the stated license to the
Invention Licensing Appeal Board as set forth in 10 CFR 781.65 ‐‐
“Appeals.”
DE-AC05-00OR22725 Section I—Page 212 of 276