Section VIII Disclosure and Use of Project Information 1. General All Participants recognize that successful collaboration depends on full and prompt exchange of Information necessary for carrying out the Project. The Participants intend to acquire sufficient Project Information and rights to use such Information to enable the development and validation of application algorithms for SAR data. The nature and amount of Project Information to be acquired will be consistent with the objectives stated in Section II (Objectives). 2. Government Project Foreground Information a. Disclosure: Project Foreground Information generated by Government-owned facilities in whole or in part will be made available to all Participants. b. Use: Each Participant may use all Government Foreground Information without change for its Government Purposes; however, if a Participant intends to use the Government Foreground Information in a sale or other transfer to a Third Party, the provisions of Section XII (Third Party Sales and Transfers) of this MOU will apply. 3. Government Project Background Information a. Disclosure: Each Participant, upon request, will disclose to the Project any relevant Project Information in its possession not generated in the performance of the Project, provided that: (1) The Project Background Information is necessary to or useful in the Project. The Participant in possession of the Information will determine whether it is "necessary to" or "useful in" the Project. (2) The Project Background Information may be made available without incurring liability to holders of proprietary rights. (3) Disclosure is consistent with national disclosure policies and regulations of the furnishing Participant. b. Use: Government Project Background Information furnished by one Participant may be used without charge by the other Participants for Project purposes only; however, the furnishing Participant will retain all its rights with respect to such Government Project Background Information. 4. Contractor Project Foreground Information a. Disclosure: Project Foreground Information generated and delivered by Contractors, will be made available to all Participants. b. Use: Each Participant may use this Contractor Project Foreground Information without charge for its Government Purposes. Each Contracting Participant will acquire, on behalf of the other Participants, the rights to use Contractor Project Foreground Information in a sale or other transfer to a Third Party. However, if a Participant intends to use the Contractor Project Foreground Information in a sale or other transfer to a Third Party, the provisions of Section XII (Third Party Sales and Transfers) of this MOU will apply. 5. Contractor Project Background Information a. Disclosure: Project Background Information generated by Contractors outside of this MOU and delivered under Contracts will be made available to the Participants provided the following conditions are met: (1) The Project Background Information is necessary to or useful in the Project. The Participant in possession of the Information will determine whether it is "necessary to" or "useful in" the Project. (2) The Project Background Information may be made available without incurring liability to holders of proprietary rights. (3) Disclosure is consistent with national disclosure policies and regulations of the furnishing Participant. b. Use: Contractor Project Background Information furnished by one Participant's Contractors may be used by the other Participants for Project purposes only, and may be subject to further restrictions by holders or proprietary rights; however, the furnishing Participant will retain all its rights with respect to such Contractor Project Background Information. 6. Proprietary Project information a. All proprietary Project Information will be identified, marked and handled in accordance with the provisions set forth in Section IX (Controlled Unclassified Information). b. The provisions of the "NATO Agreement on the Communication of Technical Information for Defense Purposes," signed in Brussels on 19 October 1970, and the "Implementing Procedures for the NATO Agreement on the Communication of Technical Information for Defense Purposes," approved by the North Atlantic Council on 1 January 1971, will apply to proprietary Project Information related to this MOU. 7. Patents a. Each Participant will include in all its Contracts a provision governing the disposition of rights in regard to Project Inventions and patent rights relating thereto, which either: (1) Provides that the Participant will hold title to all Project Inventions together with the right to make patent applications for the same, free of encumbrance from the Contractor; or (2) Provides that the Contractor will hold title (or may elect to retain title) for Project Inventions together with the right to make patent applications for the same, while securing for the Participants a license for the Project Inventions, and any patents therefor, on terms in compliance with the provisions of Paragraph b. below. b. In the event that a Contractor holds title (or elects to hold title) for a Project Invention, the contracting Participant will secure for each of the other Participants a non-exclusive, irrevocable, royalty-free license under all patents secured for that invention, to practice or have practiced the patented Project Invention for Government Purposes throughout the world. c. The provisions of sub-clauses "d" through "g" below will apply in regard to patent rights for all Project Inventions made by any Participant's military or civilian employees, including those within Government-owned facilities, and for all Project Inventions made by Contractors for which the contracting Participant holds title or is entitled to acquire title. d. Where a Participant has or can secure the right to file a patent application with regard to a Project Invention, that Participant will consult with the other Participants regarding the filing of such Patent application. If a Participant having filed or caused to be filed a Patent application in another Participant's country decides to stop prosecution of the application, that Participant will notify the other Participants of that decision and permit the other Participants to continue the prosecution. e. Each Participant will be furnished with copies of Patent applications filed and Patents granted with regard to Project Inventions. f. Each Participant will grant to each of the other Participants a non-exclusive, irrevocable, royalty-free license under its patents for Project Inventions, to practice or have practiced the patented Project Invention for Government Purposes throughout the world. g. Patent applications which contain Classified Information, to be filed under this MOU, will be protected and safeguarded in accordance with the requirements contained in the "NATO Agreement for the Mutual Safeguarding of Secrecy of Invention Relating to Defense and for which Applications for Patents Have Been Made," signed in Paris on 21 September 1960, and its Implementing Procedures. h. Insofar as possible, each Participant will extend to the other Participants any relief from Patent infringement claims arising in the course of work performed under the Project that it may be able to claim on its own behalf. The Participants will, in accordance with their national laws and practices, give their authorization and consent for all use and manufacture in the course of work performed under the Project of any invention covered by a Patent issued by their respective countries. Each Participant will be responsible for handling all Patent infringement claims made in its territory, to inform the other Participants of such claims and to consult with the other Participants during the handling, and prior to any settlement, of such claims.