COMMERCIAL COMPUTER SOFTWARE. If performance involves acquisition of existing computer software, the following Company Exhibit is incorporated by reference: CCS Commercial Computer Software License (Company – July 2010).
COMMERCIAL COMPUTER SOFTWARE. The Software is a "commercial item" as defined at Federal Acquisition Regulation (48 C.F.R.) ("FAR") section 2.101 comprised of "commercial computer software" and "commercial computer software documentation" as those terms are used in FAR 12.212. Consequently, regardless of whether You are the US Government or a department or agency thereof, You shall acquire only those rights with respect to the Software that are set forth in this Agreement and Your Proof of Entitlement.
COMMERCIAL COMPUTER SOFTWARE. 9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227- 7015, 48 C.F.R. Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.
9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so.
COMMERCIAL COMPUTER SOFTWARE. To the extent that Seller provides any of its commercial computer software under this Contract, Seller’s normal commercial license terms shall govern the end user’s use of such commercial items, except to the extent that such normal commercial terms conflict or are inconsistent with applicable federal law or regulation. In the case of any conflict or inconsistency, the applicable federal law or regulation shall take precedence. Seller agrees that the applicability of its commercial terms is contingent upon Xxxxx’s customer’s acceptance of the commercial computer software and its accompanying commercial items terms or license. Unless the Performance Work Statement provides otherwise, only the Buyer’s end-user customer is a party to the Seller’s commercial terms or license. In no event will Buyer be liable for an end-user customer breach of Seller’s commercial terms or license. The license to Buyer set forth in paragraph (iii) shall apply to commercial computer software, without additional cost and whether or not Buyer is a party to Seller’s commercial terms, to the extent necessary to provide Buyer with rights necessary to perform the requirements of its prime or higher-tier contracts in connection with this Contract.
COMMERCIAL COMPUTER SOFTWARE. To the extent that Seller provides any of its commercial computer software under this Order, Seller’s normal commercial license terms shall govern the end user’s use of such commercial items, except to the extent that such normal commercial terms conflict or are inconsistent with applicable federal law or regulation. In the case of any conflict or inconsistency, the applicable federal law or regulation shall take precedence. Seller agrees that the applicability of its commercial terms is contingent upon Buyer’s customer’s acceptance of the commercial computer software and its accompanying commercial items terms or license. Unless the Statement of Work provides otherwise, only the Buyer’s end-user customer is a party to the Seller’s commercial terms or license. In no event will Buyer be liable for an end-user customer breach of Seller’s commercial terms or license. The license to Buyer set forth in paragraph (d) shall apply to commercial computer software, without additional cost and whether or not Buyer is a party to Seller’s commercial terms, to the extent necessary to provide Buyer with rights necessary to perform the requirements of its prime or higher-tier contracts in connection with this Order. DISCLOSURE Seller shall not, without first obtaining the written consent of Buyer, in any manner advertise or publish the fact that Seller has furnished or contracted to furnish Buyer with the goods or services hereunder, or disclose any of the details connected with this Order to any third party, except as may be required to perform this Order. COMPLIANCE with LAW
(a) Seller shall comply with the applicable provisions of any federal, state or local law or ordinance and all orders, rules and regulations issued there under to include host nation laws for work outside of the United States.
(b) Seller shall comply with all applicable U.S. export laws and regulations, including International Traffic in Arms Regulations (“ITAR”) and the Export Administration Regulations (“EAR”). The subject technology of this Order (including data, services, software and hardware provided hereunder, defined as “Controlled Technology”) may be controlled under these laws and regulations and may not be exported or re-exported without prior authorization in accordance with ITAR and EAR. Access to Controlled Technology by Foreign Persons as defined by 22 CFR 120.16 may require an export authorization. Seller shall have full responsibility for obtaining any export licenses or authorizati...
COMMERCIAL COMPUTER SOFTWARE. If the Software or any related documentation is licensed to the U.S. Government or any agency thereof, it will be considered to be “commercial computer software” or “commercial computer software documentation,” as those terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, and is being licensed with only those rights as are granted to all other licensees as set forth in this Agreement.
COMMERCIAL COMPUTER SOFTWARE. As used in this clause, ‘‘commercial com- puter software’’ has the meaning provided in 48 CFR 2.101. The provisions of the clause regarding the license of commercial computer software set forth in 48 CFR 52.227–19 are incorporated into this agreement with the same force and effect as if set forth herein, with all nec- xxxxxx changes deemed to have been made, such as replacing references to the Govern- ment with references to the Library of Con- xxxxx.
COMMERCIAL COMPUTER SOFTWARE. If Client is an agency or contractor of the United States Government, Client acknowledges and agrees that (i) the SaaS Products (including any software forming a part thereof) were developed entirely at private expense, (ii) the SaaS Products (including any software forming a part thereof) in all respects constitute proprietary data belonging solely to HDS, (iii) the SaaS Products (including any software forming a part thereof) are not in the public domain, and (iv) the software forming a part of the SaaS Products is “Commercial Computer Software” as defined in sub-paragraph (a)(1) of DFAR Section 252.227-7014 or FAR Part 12.212.
COMMERCIAL COMPUTER SOFTWARE. If Customer, Workspace User, or User is an agency or contractor of the United States Government, Customer acknowledges and agrees that: (i) UI Bakery (including any software forming a part thereof) were developed entirely at private expense; (ii) UI Bakery (including any software forming a part thereof) in all respects constitute proprietary data belonging solely to UI Bakery; (iii) UI Bakery (including any software forming a part thereof) are not in the public domain; and (iv) the software forming a part of UI Bakery is “Commercial Computer Software” as defined in sub-paragraph (a)(1) of DFAR section 252.227-7014 or FAR Part 12.212. Customershall provide no rights in the software (including any software forming a part thereof) to any U.S. Government agency or any other party except as expressly provided in this Agreement.
COMMERCIAL COMPUTER SOFTWARE. If performance involves acquisition of existing computer software, the following Company Exhibit is incorporated by reference: CCS Commercial Computer Software. For information on incorporation by reference, see Part 1.16.
