Common use of Background Data Clause in Contracts

Background Data. Background Data means any Data, Technology, or Know-How in which the Recipient holds rights of ownership as recognized by U.S. law as an intellectual creation which (1) was not reduced to Practical Application under this Agreement and (2) was developed at private expense, either exclusively or partially. In order to distinguish between Background Data and Data generated or developed under this Agreement, the Parties agree to the following: 1. With respect to any Background Data incorporated into work products delivered under this Agreement, the Government shall have a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for any Government purpose, and to authorize others to do so. 2. Incorporated into this Agreement as Attachment 4, the Recipient has identified and asserted in good faith a table of all Background Data to be furnished to the Government with restrictions on use, release, or disclosure. This table of asserted Background Data should include the following information for each item of Background Data: a. Background Data to be Furnished with Restrictions. The Recipient should identify the Background Data or enter “none” when all Background Data will be submitted without restrictions;