[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR27.401]

[Page 512-513]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 27_PATENTS, DATA, AND COPYRIGHTS--Table of Contents
 
               Subpart 27.4_Rights in Data and Copyrights
 
Sec.  27.401  Definitions.

    As used in this subpart--
    Data means recorded information, regardless of form or the media on 
which it may be recorded. The term includes technical data and computer 
software. The term does not include information incidental to contract 
administration, such as financial, administrative, cost or pricing or 
management information.
    Form, fit, and function data means data relating to items, 
components, processes that are sufficient to enable physical and 
functional interchangeability, as well as data identifying source, size, 
configuration, mating and attachment characteristics, functional 
characteristics, and performance requirements; except that for computer 
software it means data identifying

[[Page 513]]

source, functional characteristics, and performance requirements, but 
specifically excludes the source code, algorithm, process, formulae, and 
flow charts of the software.
    Limited rights means the rights of the Government in limited rights 
data, as set forth in a Limited Rights Notice if included in a data 
rights clause of the contract.
    Limited rights data means data, other than computer software, that 
embody trade secrets or are commercial or financial and confidential or 
privileged, to the extent that such data pertain to items, components, 
or processes developed at private expense, including minor modifications 
thereof. (Agencies may, however, adopt the following alternate 
definition:
    Limited rights data means data developed at private expense that 
embody trade secrets or are commercial or financial and confidential or 
privileged (see 27.404(c).)
    Restricted computer software means computer software developed at 
private expense and that is a trade secret; is commercial or financial 
and confidential or privileged; or is published copyrighted computer 
software; including minor modifications of such computer software.
    Restricted rights means the rights of the Government in restricted 
computer software as set forth in a Restricted Rights Notice, if 
included in a data rights clause of the contract, or as otherwise may be 
included or incorporated in the contract.
    Technical data means data other than computer software, which are of 
a scientific or technical nature.
    Unlimited rights means the rights of the Government 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.

[52 FR 18140, May 13, 1987, as amended at 66 FR 2130, Jan. 10, 2001]