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Restricted Rights Software

Restricted Rights Software:

  • Is computer software
  • Is typically third party products
  • Is developed at private expense (not with government funding)
  • Is commercial or financial in nature
  • Is typically confidential
  • May embody trade secrets

Restricted Rights Software is not:

  • Technical Data
  • Software produced as part of a JPL subcontract
  • Software produced by a JPL subcontractor in deliverance of a subcontract to be given to us without restriction

Limited Rights Data is described in the Federal Acquisition Regulation Rights in Data-General, 52.227-14.

JPL does not typically affix the restricted rights marking.  Third parties, including subcontractors and Caltech, when they produce software that was funded at private expense, affix the marking.

The restricted rights marking can be used in conjunction with JPL markings.

Marking Language:

Condition

Marking

Title Page (Subcontractor Generated): This computer software is submitted with restricted rights under Government Contract No. ________ (and subcontract ________, if appropriate). It may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b) of this notice or as otherwise expressly stated in the contract.
All Subsequent Pages: This page contains restricted information and is subject to the restrictions on the title page of this document.

Marking Placement:

  • Documents with distinct pages: The title page marking goes at the top or bottom of the first page of each document, and the subsequent page marking goes at the top or bottom of all subsequent pages.  However, with this lengthy marking, one can simply do a title page as in the table above, and have a shorter reference to it on subsequent pages.
  • Documents without distinct pages: The title page marking goes at the beginning and end of each document.

Handling Requirements:

Restricted Rights information should be treated similarly to JPL/Caltech Proprietary information.

JPL personnel must protect limited rights information from unauthorized access and use, including via physical or visual access, electronic access, oral discussions, and in mailing/shipping and storage of information.

In addition, third-party information (from NASA and other sponsors; partners; and subcontractors) that has restrictive markings (such as limited rights information) must be handled in accordance with the third-party’s written access and use restrictions.

Software with the Restricted Rights marking may be shared with other JPL employees and with NASA civil servants with a reasonable need to know without any further actions, so long as they comply with the limitations contained in the Restricted Rights marking text.

To grant access to Restricted Rights software outside the scope summarized above, a prior written agreement must have been made to protect that information. For more information, see Prepare a Nondisclosure Agreement (Rule 65192).

Storage:

When left unattended, Restricted Rights software must be stored in a secure, access restricted environment. For example:

  • Electronic documents must be placed in restricted access location or be encrypted
  • Physical copies kept for reference or convenience must be shredded or destroyed via JPL Discreet Destruction

Transmission:

When sending Limited Rights information by mail, the document must be packaged in a sealed, opaque envelope or container with no markings to indicate that it contains restricted-access information.

Quoting Excerpts:

If you take an excerpt from a document marked Restricted Rights software, the new document must also be marked Limited Rights.

Changing the Marking:

The marking may be removed or updated only by the document author, or other delegated person. Check with the author (company or individual) or with the Contracts Management Section for additional information.

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