10 U.S.C. § 3775: Definitions

is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract; that the covered Government support contractor will enter into a non-disclosure agreement with the contractor to whom the rights to the technical data belong; that the covered Government support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered Government support contractor during the program or effort for the period of time in which the Government is restricted from disclosing the technical data outside of the Government; to criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and to civil actions for damages and other appropriate remedies by the contractor or subcontractor whose technical data is affected by the breach; and that such technical data provided to the covered Government support contractor under the authority of this section shall not be used by the covered Government support contractor to compete against the third party for Government or non-Government contracts. In this subchapter, the terms “major system component”, “modular system interface”, and “modular open system approach” have the meanings provided in section 4401 of this title .