Commercial Computer Software License. (DEC 2016) In accordance with the present clause, Seller shall provide license agreement information for all COMMERCIAL computer software licenses to be obtained on behalf of or transferred to Buyer under this contract. In this arrangement, the Government may ultimately become the Licensee in certain COMMERCIAL computer software licenses, which software is specifically defined at DFARS 252.227-7014(a)(1). In order to permit the Government to become a Licensee in the COMMERCIAL computer software licenses, Seller shall first pre-review the COMMERCIAL computer software licenses intended for transfer through Buyer to the Government to verify compliance with any one of Alternatives I, II or III, as shown below. License agreements shall have been provided to Buyer concurrent with proposal submission to ensure compliance with the terms and conditions shown below (Alternatives I and II only) to the extent known at the time an offer is submitted to Buyer. For any COMMERCIAL computer software licenses which were not reasonably identifiable concurrent with proposal submission, such license shall be first pre-approved by Buyer, prior to their incorporation into a system deliverable to ensure compliance with the terms and conditions shown below (Alternatives I and II only). This obligation to obtain pre-approval by Xxxxx, as described above, continues throughout contract administration. In view of the above, it should be understood that Xxxxx will not accept the COMMERCIAL computer software deliverables under this Contract until Seller satisfies at least one of Alternatives I, II or III, as described below. Furthermore, Seller hereby understands and agrees that Alternative I shall be the default selection, unless Xxxxxx makes an affirmative written election otherwise. This clause does not apply to open source software. Alternate I: The terms and conditions required to permit any COMMERCIAL computer software licenses to be transferred by Buyer to the Government (e.g., Government to become a Transferee) include the following:
Commercial Computer Software License. (Applies if this Agreement is for the acquisition of commercial computer software. NOTE: SELLER is responsible for providing all information necessary for Harbec to complete the notice specified in paragraph (c)) FAR 52.228-5 Insurance – Work on a Government Installation (Applies if this Agreement involves work on a government installation. Unless otherwise specified by this Agreement, the minimum kinds and amount of insurance shall be as described in FAR 28.307-2) FAR 52.230-1 Cost Accounting Standards Notices and Certifications FAR 52.230-6 Administration of Cost Accounting Standards (Applies when the clauses at FAR 52.230-2, FAR 52.230-3, FAR 52.230-4 or FAR 52.230-5 apply) FAR 52.232-7 Payments Under Time-And-Materials and Labor-Hour Contracts (Applies if this Agreement is a labor hour or time and materials contract. The third sentence of paragraph (a)(8) is deleted. In paragraph (f) “120 days” is changed to “60 days,” and in paragraph (g)(2) “6 years” is changed to “five years.” Paragraphs (c) and (i) are deleted) FAR 52.232-9 Limitation on Withholding of Payments FAR 52.232-16 Progress Payments (Applies ONLY if Harbec has been approved for progress payments from the government or higher tier contractor) FAR 52.232-17 INTEREST (Applies if this Agreement will be in one or more of the following categories: (a) contracts at or below the SAT; (b) contracts with government agencies; (c) contracts with a state or local government or instrumentality; (d) contracts with a foreign government or instrumentality; (e) contracts without any provision for profit or fee with a nonprofit organization; (f) contracts described in Subpart 5.5, Paid Advertisements; or (g) any other exceptions authorized under agency procedures) FAR 52.232-20 Limitation of Cost (Applies if this Agreement is a fully funded cost reimbursement contract) FAR 52.232-32 Limitation of Funds (Applies if this Agreement is an incrementally funded cost reimbursement contract) FAR 52.232-32 Performance-Based Payments (Applies ONLY if included in the Prime contract and the Agreement is significant and such payments are linked to similar payment milestones that L3 may have with the Government) FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Applies if SELLER is a small business concern. This clause does not apply if Harbec does not receive accelerated payments under the Prime Contract.) FAR 52.234-1 Industrial Res...
Commercial Computer Software License. All Software and Cloud Services were developed exclusively at private expense and are restricted computer software under FAR § 52.227-14, Rights in Data-General. Therefore, to the extent that FAR § 52.227-19 is inapplicable, the Federal end user will receive restricted rights to the Software and Cloud Services under paragraph (g)(3) of FAR § 52.227-14 (Alternative III). The Documentation is “computer software documentation” as set forth in FAR § 52.227- 14, Rights in Data-General. All Documentation was developed exclusively at private expense and is limited rights data under FAR § 52.227-14. Therefore, the Federal end user will receive limited rights to Documentation under this Agreement subject to paragraph (g)(2) of FAR § 52.227-14 (Alternative II). If the purchase is by an agency or other entity of the Department of Defense, the Documentation is also subject to the license requirements of Chapter 2 of Title 48 of the Code of Federal Regulations, Defense Federal Acquisition Regulation Supplement (DFARS), § 252.227-7015, Technical Data-Commercial Items, as restricted by paragraph (g)(2) of FAR § 52.227-14 (Alternative II).
