part ii - contract clauses

DE-AC05-00OR22725
Modification No. 341
Section I
(6) Select an OSS License. Each OSS will be distributed pursuant to an OSS
license. The Contractor may choose among industry standard OSS licenses or
create its own set of Contractor standard licenses. To assist the Contractor,
the DOE Assistant General Counsel for Technology Transfer and Intellectual
Property may periodically issue guidance on OSS licenses. Each Contractor
created OSS license, must contain, at a minimum, the following provisions:
(i)
(ii)
A disclaimer or equivalent that disclaims the Government’s and
Contractor’s liability for licensees’ and third parties’ use of the
software; and
A grant of permission for licensee to distribute OSS containing the
licensee’s derivative works subject to trademark restrictions (see
subparagraph (10) below). This provision might allow the licensee and
third parties to commercialize their derivative works or might request
that the licensee’s derivative works be forwarded to the Contractor for
incorporation into future OSS versions.
(7) Collection of administrative costs is permissible. However, the Contractor
may not collect a royalty or other fee in excess of a good faith amount for cost
recovery from any licensee for the Contractor’s OSS.
(8) Relationship to Other Required Clauses in the Contract. OSS distributed in
accordance with this section shall not be subject to the requirements relating
to indemnification of the Contractor or Federal Government, U.S.
Competitiveness and U.S. Preference as set forth in paragraphs (g) and (h) of
the clause within this contract entitled Technology Transfer Mission (DEAR
970.5227-3). The requirement for Contractor to request permission to assert
copyright for the purpose of engaging in licensing software for royalties as set
forth elsewhere in this clause is not modified by this section.
(9) Performance of Periodic Export Control Reviews by the Contractor. The
Contractor is required to follow its Export Control review procedures before
designating any software as OSS. If the Contractor is integrating the original
OSS with other copyrightable works created by the Contractor or third
parties, the Contractor may need to perform periodic export control reviews
of the derivative versions.
(10) Determine if Trademark Protection for the OSS is Appropriate. DOE
Programs and Contractors have established trademarks on some of their
computer software. Therefore, the Contractor should determine whether the
OSS is already protected by use of an existing trademark. If the OSS is not so
protected, then the Program or the Contractor may want to seek trademark
protection. If the OSS is protected by a trademark, the OSS license should
state that the derivative works of the licensee or other third party may not be
distributed using the proprietary trademark without appropriate prior
approval.
DE-AC05-00OR22725 Section I—Page 215 of 276