MEMORANDUM FOR SEE DISTRIBUTION SUBJECT: Army Directive 2018-26 (Enabling Modernization Through the Management of Intellectual Property)

Computer Software. Computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that enable software to be reproduced, recreated, or recompiled. Computer software does not include computer databases or computer software documentation. (DFARS) Clause 252.227-7014)

Contracting Activity. For the purposes of this policy, this term covers contract specialists, contracting officers, and agreements officers.

Cooperative Research and Development Agreement. These agreements include agreements between one or more Federal laboratories and one or more non-Federal parties under which the laboratory provides personnel, services, facilities, equipment, or other resources (but not funds), with or without reimbursement, and the non-Federal parties provide funds, personnel, services, facilities, equipment, or other resources toward the conduct of specified research or development efforts that are consistent with the missions of the Army research and development activity. The term does not include procurement contracts, grants, or cooperative agreements. (15 U.S.C. § 3710a(d)(1))

Data. Recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. It does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. (FARFARFederal Acquisition Regulation Clause 52.227-14)

Detailed Manufacturing or P rocess D ata. Technical data that describes the steps, sequences, and conditions of manufacturing, processing, or assembly the manufacturer used to produce an item or component or to perform a process. (DFARS Clause 252.227-7013)

Form, Fit, and Function Data. Technical data that describes the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items. (DFARS Clause 252.227-7013)

Government Purpose Rights. The rights to:  use, modify, reproduce, release, perform, display, or disclose technical data within the Government for a 5-year period, or such other period as may be negotiated, in technical data, without restriction;  upon expiration of the 5-year or other negotiated period, the Government will have unlimited rights in the technical data; Army Directive 2018-26 Enclosure 3  release or disclose technical data outside the Government, subject to the nondisclosure agreement at DFARS 227-7103-7 and/or the inclusion of DFARS 252.227-7025 (Limitations on the Use or Disclosure of Government-Furnished Information Marked With Restrictive Legends), and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data for U.S. Government purposes. The contractor has the exclusive right to use or license others to use this technical data for commercial purposes. (DFARS 252.227-7013(a)(13) and 252.227-7013(b)(2))

Grant. A legal instrument which, consistent with 31 U.S.C. § 6304, is used to enter into a relationship: carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Department of Defense’s direct benefit or use. Defense and the recipient when carrying out the activity contemplated by the grant. (32 CFRCFRCode of Federal Regulations 37.1295)

Intellectual Property. A product of the human mind which is protected by law. It includes, but is not limited to, patents, inventions, designs, copyrights, works of authorship, trademarks, service marks, technical data, trade secrets, computer software, unsolicited inventive proposals, and technical know-how. The intangible rights in such property are described as intellectual property rights. (AR 27-60 (Intellectual Property))

License Rights. The licensee is authorized to use the intellectual property.

Limited Rights. The rights to use, modify, reproduce, release, perform, display, or disclose technical data, in whole or in part, within the Government. The Government may not, without the written permission of the party asserting limited rights, release or disclose the technical data outside the Government, use the technical data for manufacture, or authorize the technical data to be used by another party, except that the Government may reproduce, release, or disclose such data or authorize the use or reproduction of the data by persons outside the Government if— Army Directive 2018-26 2 Government support contract for use, modification, reproduction, performance, display, or release or disclosure to a person authorized to receive limited rights technical data; or process data, when use of such data by the foreign government is in the interest of the Government and is required for evaluational or information purposes; reproduction, release, disclosure, or use of the technical data; and reproduction, release, disclosure, or use. (DFARS 252.227-7013)

Major System Component. A high-level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through well-defined major system interfaces. It includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another major system component. (10 U.S.C. § 2446a)

Major System Interface. A shared boundary between a major system platform and a major system component, between major system components, or between major system platforms, defined by various physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software elements. It is characterized clearly in terms of form, function, and the content that flows across the interface to enable technological innovation, incremental improvements, integration, and interoperability. (10 U.S.C. § 2446a)

Major System Platform. The highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed. (10 U.S.C. § 2446a)

Modular Open System Approach. With respect to a major defense acquisition program, the modular open system approach is an integrated business and technical strategy that employs a modular design that: system component, between major system components, or between major system platforms; available and suitable, widely supported and consensus-based standards; Army Directive 2018-26 3 appropriate level to be incrementally added, removed, or replaced throughout the life cycle of a major system platform to afford opportunities for enhanced competition and innovation while yielding: mission integration; or § 2446a)

Requiring Activity. For the purposes of this policy, the term “requiring activity” covers Army individuals or organizations (for example, Science and Technology Reinvention Laboratories, program manager and program management offices, and sustainment commands) that generate and submit a requirement to the contracting activity for a FARFARFederal Acquisition Regulation/DFARS or non-FARFARFederal Acquisition Regulation/DFARS contract with another party.

Restricted Rights. These rights apply only to noncommercial computer software and mean the Government’s rights to: be accessed by more than one terminal or central processing unit or time shared unless the contract permits otherwise; permission of the contractor if the transferor destroys all copies of the program and related computer software documentation in its possession and notifies the licensor of the transfer. Transferred programs remain subject to the provisions of this clause; safekeeping (archive), backup, or modification purposes; definition; and paragraphs b, e, and f of this definition; Army Directive 2018-26 4 this or a related contract to use computer software to diagnose and correct deficiencies in a computer program; to modify computer software to enable a computer program to be combined with, adapted to, or merged with other computer programs; or when necessary to respond to urgent tactical situations, provided that: release or disclosure to particular contractors or subcontractors was made; agreement at DFARS 227.7103-7 or are Government contractors receiving access to the software for performance of a Government contract that contains DFARS 252.227- 7025. reverse engineer the software, or to use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph d of this definition for any other purpose; and items or components of items procured under this or a related contract to use the computer software when necessary to perform the repairs or overhaul, or to modify the computer software to reflect the repairs or overhaul made, provided that: DFARS 227.7013-7 or is a Government contractor receiving access to the software for performance of a Government contract that contains DFARS 252.227-7025; reverse engineer the software, or to use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph d of this definition for any other purpose; and Government support contracts that contain DFARS 252.227-7025 to use, modify, reproduce, perform, display, release, or disclose the computer software to a person authorized to receive restricted rights computer software provided that: decompile, disassemble, or reverse engineer the software, or to use software Army Directive 2018-26 5 decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph d of this definition for any other purposes; and (DFARS 252.227-7014)

Small Business Innovation Research (SBIR) Data Rights. The Government’s rights during the SBIR data protection period to use, modify, reproduce, release, perform, display, or disclose technical data or computer software generated under an SBIR award as follows:

Technical Data. Recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and management information. (DFARS 252.227-7013)

Technology Transfer. The intentional communication or sharing of knowledge, expertise, facilities, equipment, and other resources for application to military and nonmilitary systems. Technology transfer includes spin-off, spin-on, and dual-use activities. (DoDI 5535.08)

Unlimited Rights reproduce, perform, display, release, or disclose technical data, in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so. (DFARS 252.227-7013) “unlimited rights” are the rights to use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation, in whole or in part, in any manner and for any purpose whatsoever, and to have or authorize others to do so. (DFARS 252.227-7014) Army Directive 2018-26 6