of a patent of the United States shall be determined solcly by the provisions
of the indemnity clauses, if any, included in this subcontract or any lowerther subcontract hereunder, and the Covernment ASUIURCS hiability for all other
infringement
ARTICLE 50.
to
the extent
of
the authorization and consent bercinabove prance
PATENT INDEMNITY
The subcontractor shall indemnify the Contractor and the Government and its
officers, agents, and employees against Liability, including costs, for infringement of Letters Patent
(except Letters Patent issued upon an application
which is now or may hereafter be kept secret or otherwise withheld from issue
by order of the Government) resulting from the subcontractor's furnishing or
supplying standard parts or components or utilizing its normal practices or
methods in the performance of the subcontract or fo any parts, components;
practices, or methods as to which the subcontractor has secured indemnification
from liability. The foregoing indemnity shall not apply unless the subcontractor shall have been informed as soon as practicable by the Government of
the suit “or action alleging such infriagment, and shall have been given such
opportunity as is afforded by applicable laws, rules, or regulations to partici
pate in the defense thereof; and vorenee such indemnity shall not apply to a
claimed infringement which is settled without the consent of the subcontractor,
unless required by final decree. of a court of competent jurisdiction.
ARTICLE
51.
RICHTS IN TECHNICAL DATA
a- Definitions
(1)
"Technical Data" means recorded snore el regardless of form or
characteristic, of a scientific or ceqpnt E nature.
It may, for
example,
document research,
experimental,
developmental,
or demonstra
tion, or engineering work or be usable or used to define a design or
process or to procure, produce, support
geintain, or operate materie]
The data may be graphic.or pictorial “Gk néations in media such as
drawings or photographs, text in Specifications or related performance
or deSign type documents, or computer softy ye or printouts.
Examples of technical data include reseal
id engineering data,
engineering drawings and associated lists, specifications
standards, process sheets, manuals,
techni¢cglyreports, catalog itea
identification, and related information.. Yechnical data as used
herein does not include financial reports, cost analyses, and other
information incidental to contract administration.
(2)
"Proprietary Data'’ means technical dataptch are trade secrets,
such as may be included in desiga procedures or techniques, chemical
composition of materials, or manufacturing methods,
treatinents.
(3)
processes, or
"Subject Data" means technical data vesulting directly from performance of this subcontract and teolfaie) data which are specified to
be delivered, or which are in fact delivered, pursuant to this
subcontract.
42
Ga
5008695