(a) Except in paragraph (a) Except for provisions in paragraph (b) technical data or computer software that is transmitted to the government with restrictions on the use, modification, reproduction, publication, delivery, advertising or disclosure may be made available to the third non-judgment unless the intended recipient enters into and signs the use and confidentiality agreement referred to in paragraph (c) disclosure of the data. DoD Response: Regarding the Izipientin right and the effect of 252.227-7025, this clause clearly establishes a legally sufficient and binding obligation for the recipient of the information, which expressly contains all the restrictions contained in the legal language and which expressly confirms that the holder of the protected information is a third party beneficiary of these clauses and therefore has a direct reason for action against the recipient of the protected information in the event of a breach of those obligations. In addition, clause 252.227-7025 requires: that such a direct NOA between the covered public assistance contractor and the information owner “implement” the requirements of clause 252.227-7025 that would require at least necessary conditions and conditions to create a legally sufficient NOA, all restrictions and obligations of the clause at 252.227-7025. Beyond these minimum conditions, the parties are also free to negotiate additional terms by mutual agreement, but neither party can require the other party to accept a clause or condition outside the conditions necessary for the implementation of requirements 252.227-7025 (which fully implement the legal requirements). One respondent noted that the interim rule appeared to be at odds with DoD`s organizational conflict of interest guidelines, indicating that a portion of a large defence operator could provide public assistance contracts, allowing the contractor to obtain proprietary data from competitors. The respondent stated that contractors should only check the protected information provided by other contractors on a case-by-case basis in limited circumstances, and found that a more appropriate solution might be to reduce DoD`s reliance on contractors.