Data Rights Restrictions (Attachment 0004 to Contract Data Requirements)
Limited Rights Data
The following are Moderna’s technical data assertions required by DFAR 252.227-7017 (“Identification and assertion of use, release, or disclosure restrictions”). Notwithstanding any contrary representation by the Contractor on the System for Award Management or any contrary provision in the contract, the following categories of information developed exclusively at private expense will, if provided to the Government, be considered limited rights data subject to the restrictions specified in DFAR 227.7013. These restrictions apply to any component of information covered by this provision, regardless of whether a component is included in a contract deliverable. The Government will, as applicable, retain government purpose rights or unlimited rights in technical data generated in performance or included in a deliverable as required by DFARS 252.227-7013 or another applicable data rights clause to the extent that any component of such technical data (i) was developed in whole or in part with Government funds, (ii) pertains to an item developed in whole in part with Government funds, or (iii) was first produced in performance of a Government contract subject to FAR 52.227-14. Nothing in this Contract or this Attachment affects any data rights that the Government may already have under prior agreements between Moderna and the Government, including with respect to Agreement Nos. [***] The Government will not reverse engineer or otherwise evaluate materials provided under this Contract to reproduce the type of information described below without Moderna’s prior written consent.