
FIA Appendix – C-1S Rights in Technical Data (8-7-2019) 1
Alliance for Sustainable Energy, LLC,
manager and operator of the
National Renewable Energy Laboratory
Strategic Partnership Projects
Funds-In Agreement—FIA-21-17442-2
Appendix C-1 – Rights in Technical Data for Modification 2
(Alternative I - unlimited rights/nonproprietary - software)
1. The following definitions shall be used.
A. "Generated Information" means information produced in the performance of this Agreement or
any Contractor’s subcontract under this Agreement.
B. "Proprietary Information" means information which is developed at private expense, is marked
as Proprietary Information, and embodies (1) trade secrets or (2) commercial or financial
information which is privileged or confidential under the Freedom of information Act (5 USC §
552 (b)(4)).
C. "Unlimited Rights" means the right to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform publicly and display publicly, in any manner and for
any purpose, and to have or permit others to do so.
D. “Computer Software” means (i) computer programs that comprise a series of instructions, rules,
routines, or statements, regardless of the media in which recorded, that allow or cause a
computer to perform a specific operation or series of operations; and (ii) recorded information
comprising source code listings, design details, algorithms, processes, flow charts, formulas,
and related material that would enable the computer program to be produced, created, or
compiled.
2. For work performed at the DOE facility, the Sponsor agrees to furnish to the Contractor or leave at
the facility that information, if any, which is (1) essential to the performance of work by the
Contractor personnel or (2) necessary for the health and safety of such personnel in the
performance of the work. Any information furnished to the Contractor shall be deemed to have been
delivered with Unlimited Rights unless marked as Proprietary Information. The Sponsor agrees that
it has the sole responsibility for appropriately identifying and marking all documents provided
containing Proprietary Information
3. The Sponsor, Contractor, and the Government shall have Unlimited Rights in all Generated
Information, except for information which is disclosed in a Subject Invention disclosure being
considered for patent protection.
4. The Government and Contractor agree not to disclose properly marked Proprietary Information
without written approval of the Sponsor, except to Government employees who are subject to the
statutory provisions against disclosure of confidential information set forth in the Trade Secrets Act
(18 USC § 1905).
5. The Sponsor is solely responsible for the removal of all of its Proprietary Information from the facility
by or before termination of this Agreement. The Sponsor may request the Contractor to return or
destroy all of the Sponsor’s Proprietary Information subject to paragraph (2) above. The
Government and Contractor shall have Unlimited Rights in any information which is not removed