As used in this subpart—
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
relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data
identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data
identifying source, functional characteristics, and performance requirements, but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.
Limited rights 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. (Agencies may, however, adopt the following alternate definition: Limited rights data
(other than computer software) developed at private expense that embody trade secrets or are commercial or financial and confidential or privileged (see 27.404-2(b)).
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 copyrighted computer software, including minor modifications of the computer software.
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.