DFARS 252.227-7014 — Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation
DoD-specific IP clause for noncommercial software. Funding source determines whether the government gets unlimited, government purpose, restricted, or specifically negotiated rights.
When This Clause Applies
Required in DoD contracts where noncommercial software is developed or delivered. Commercial software uses DFARS 252.227-7015.
What This Means for Contractors
For privately developed software, contractors can retain restricted rights via proper assertion and marking. For mixed-funding development, government purpose rights apply. Modifications and derivative works trigger separate analysis. Source code, documentation, and rights in form/fit/function data are all addressed.
Common Pitfalls
- 1Confusing 'restricted rights' (private funding) with 'limited rights' (technical data)
- 2Inadequate funding records to support restricted rights claim
- 3Not asserting in the Assertions table at proposal time
- 4Failing to negotiate specifically-negotiated rights when default tiers are inadequate
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