Patent and Data Rights in the Non-Proprietary Agreement.
Under US law, all intellectual property (IP), including data, generated at a DOE-owned facility belong to the US government. However, DOE is authorized to “waive” some of its IP rights under certain conditions. It cannot waive the requirement to retain a non-exclusive royalty free license. The license DOE retains is not for commercial use, and does not include the right to sublicense for commercial purposes. These rights are available for use by SLAC or other DOE labs (or other US Government labs) for research purposes only.
This agreement would only apply to those activities (data, inventions, etc) arising out of the work performed under the terms of the Non-Proprietary User Agreement. Please keep in mind that the User will be under obligation to publish the results of its work performed at FACET, SSRL or LCLS in accordance with the Agreement.