MODIFICATIONS TO TERMS AND CONDITIONS
KC-10 (SYSTEMS) PECULIAR
DAC 26-712 (06-92)
The following modifications are hereby made to Form DAC 26-685:
1. Add the following listed Clause to Paragraph a. of Article 33:
(15)(a) 7-104.9(m) Deferred Ordering of Technical Data or Computer Software (Nov 1974).
2. Add the following Articles:
39. SPECIAL DATA PROVISIONS
a. Data Rights Agreement. All technical data and computer software which is developed under this Contract shall be furnished with unlimited rights. All other technical data and computer software described herein shall be furnished with special rights as defined in Subparagraph b.(1) of this Article, except for that data and computer software to which the Government otherwise possesses unlimited rights. No data or computer software shall be provided with limited rights.
b. Rights in Data. Except as provided in Paragraph a. above of this Article, the rights obtained by the Government in technical data and computer software are set forth in the "Rights in Technical Data and Computer Software" Clause incorporated in the contract and nothing elsewhere in this Contract or in any document incorporated by reference in this Contract shall be construed as in any way altering such rights, if any, except as restricted by the express terms of this Contract as to data called for and furnished for provisioning purposes.
(1) "Special Rights" means rights to use or duplicate technical data and computer software, in whole or in part, within the Government, and rights to disclose or release such technical data and computer software to any potential contractors for their use (including rights to duplicate) in meeting all U.S. Government requirements except for the manufacture of spare parts. Use and duplication by the U.S. Government and such contractors shall be limited exclusively to performance of all effort involving DC-10 type aircraft owned by the U.S. Government. Special rights also includes rights for logistics support contractor(s) to, in turn, release and disclose technical data to subcontractors performing effort relating to DC-10 type aircraft.
(2) Data and computer software to be furnished with Special Rights shall include the following legend therein: "This data, and/or computer software furnished under Government Contract No. F33700-78-C-0001, shall be used only for satisfying U.S. Government requirements on U.S. Government owned DC-10 type aircraft, and shall not be used, released or disclosed, in whole or in part, for any other purpose without the express written permission of the Seller. Such data and/or computer software shall not be used for the manufacture of parts. This legend shall have precedence over all other Seller data rights legends contained hereon."
c. Deferred Ordering of Technical Data and Computer Software. The data contemplated by the "Deferred Ordering of Technical Data" Clause of the General Terms and Conditions hereof shall not be delivered in accordance with the requirements set forth until specifically ordered in writing by MDC. When data or software items are ordered, prices and delivery dates shall be negotiated. It is agreed that any data ordered in accordance with the "Deferred Ordering of Technical Data and Computer Software" Clause of the General Terms and Conditions hereof shall be submitted to the Government with either "unlimited" or "special" rights. If the data is to be submitted with "special" rights, MDC shall be notified forty-five (45) days prior to submission.
d. From time to time during the performance of this Contract, MDC may unilaterally change the place of delivery and the technical office or department for any line items of the Supplier Data Requirements List (SDRL), designated as Exhibits or Attachment hereto, at no change in price, notwithstanding the provisions of the Article hereof entitled "Changes."
e. From time to time during the performance of this Contract, MDC may unilaterally increase or decrease the number of addresses and/or increase or decrease the number of copies, (regular or reproducible) specified for any addressee of any data item of said Exhibits or Attachments hereto, at no change in price provided, that, the increase in the total number of copies (regular or reproducible) for an individual line item of data shall not be greater than one hundred percent (100%) of the total number of copies (regular and reproducible) initially specified in said Exhibits or Attachments nor shall the decrease in the total number of copies (regular and reproducible) for an individual line item of data be greater than fifty percent (50%) of the total number of copies (regular and reproducible) initially specified in said Exhibits or Attachments. In the event of an increase greater than such 100% or of a decrease greater than such 50%, the parties will negotiate any equitable adjustments in accordance with the procedures of the "Changes" Article.
f. Unilateral action pursuant to Paragraphs d. and e. above shall be by the issuance of a Change Advice to this Contract which will reference this provision as its authority. Any action directed pursuant to this provision shall be effected by the Seller beginning with the first submission of the particular data item or items after receipt by the Seller of the Change Advice directing such action.
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