Common use of COMMERCIAL COMPUTER SOFTWARE Clause in Contracts

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 Xxxxx’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 Xxxxx, 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. Nothing in this Order shall be construed or interpreted to limit or in any way restrict the rights of the Government in regard to data, tooling or design the Government owns or has the right to use including its rights to authorize a third party’s use of such data, tooling or design. 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 (collectively, “Laws”). Without limiting the generality of the foregoing, the term “Laws” includes the laws set forth in paragraphs (b) and (c) below. (b) Seller shall comply with the applicable provisions of any state, federal, or international law or regulation governing the privacy and security of Personal Information (“Data Protection Laws”), as set forth in Section 13.0, Data Privacy and Security. (c) 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 authorization required to fulfill its obligations under this Order. (d) Buyer respects human rights in the operation of its business and condemns human rights abuses, including human trafficking and use of forced labor. We expect our suppliers to observe similar standards and not engage in or support violations of trafficking victims protection laws. Seller must notify law enforcement should it become aware of any such violations. DATA SECURITY

Appears in 3 contracts

Samples: Purchase Order, Purchase Order, Purchase Order

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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 XxxxxBuyer’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 XxxxxBuyer, 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. Nothing in this Order shall be construed or interpreted to limit or in any way restrict the rights of the Government in regard to data, tooling or design the Government owns or has the right to use including its rights to authorize a third party’s use of such data, tooling or design. 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 thereunder to include host nation laws for work outside of the United States (collectively, “Laws”). Without limiting the generality of the foregoing, the term “Laws” includes the laws set forth in paragraphs (b) and (c) below. (b) Seller shall comply with the applicable provisions of any state, federal, or international law or regulation governing the privacy and security of Personal Information (“Data Protection Laws”), as set forth in Section 13.0, Data Privacy and Cyber Security. (c) 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 authorization required to fulfill its obligations under this Order. (d) Buyer respects Seller and its suppliers shall comply with FAR 52.222-50, Combating Trafficking in Persons, and ensure it informs its employees and suppliers of their responsibility to report human rights in trafficking violations at any tier of the operation of its business and condemns human rights abusessupply chain using any appropriate disclosure channel, including human trafficking but not limited to: Buyer’s anonymous hotline (000) 000-0000, Buyer’s anonymous and use confidential online submission (xxxxxx.xxxxxxxxxxx.xxx), and the Government’s Global Human Trafficking Hotline (844) 888 FREE and its email address at xxxx@xxxxxx.xxx. Buyer does not tolerate retaliation of forced labor. We expect our suppliers to observe similar standards any kind against individuals who, in good faith, raise questions or report concerns, and not engage in or support violations Seller shall notify its employees of trafficking victims protection lawstheir whistleblower rights under 10 U.S.C. 2409 and DFARS Section 203.9. Seller must notify law enforcement should it become aware shall flow down this requirement to all suppliers at any tier. Seller’s failure to comply with this section shall be deemed a material breach of any such violationsthe Order. DATA PRIVACY AND CYBER SECURITY

Appears in 2 contracts

Samples: Purchase Order, Purchase Order

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 XxxxxBuyer’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 XxxxxBuyer, 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. Nothing in this Order shall be construed or interpreted to limit or in any way restrict the rights of the Government in regard to data, tooling or design the Government owns or has the right to use including its rights to authorize a third party’s use of such data, tooling or design. 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 (collectively, “Laws”). Without limiting the generality of the foregoing, the term “Laws” includes the laws set forth in paragraphs (b) and (c) belowStates. (b) Seller shall comply with the applicable provisions of any state, federal, or international law or regulation governing the privacy and security of Personal Information (“Data Protection Laws”), as set forth in Section 13.0, Data Privacy and Security. (c) 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 authorization required to fulfill its obligations under this Order. (dc) Buyer respects human rights in the operation of its business and condemns human rights abuses, including human trafficking and use of forced labor. We expect our suppliers to observe similar standards and not engage in or support violations of trafficking victims protection laws. Seller must notify law enforcement should it become aware of any such violations. DATA SECURITY.

Appears in 2 contracts

Samples: Purchase Order, Purchase Order

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 Xxxxx’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 Xxxxx, 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. Nothing in this Order shall be construed or interpreted to limit or in any way restrict the rights of the Government in regard to data, tooling or design the Government owns or has the right to use including its rights to authorize a third party’s use of such data, tooling or design. 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 (collectively, “Laws”). Without limiting the generality of the foregoing, the term “Laws” includes the laws set forth in paragraphs (b) and (c) below. (b) Seller shall comply with the applicable provisions of any state, federal, or international law or regulation governing the privacy and security of Personal Information (“Data Protection Laws”), as set forth in Section 13.0, Data Privacy and Cyber Security. (c) 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 authorization required to fulfill its obligations under this Order. (d) Buyer respects human rights in the operation of its business and condemns human rights abuses, including human trafficking and use of forced labor. We expect our suppliers to observe similar standards and not engage in or support violations of trafficking victims protection laws. Seller must notify law enforcement should it become aware of any such violations. DATA PRIVACY AND CYBER SECURITY

Appears in 1 contract

Samples: Purchase Order

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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 XxxxxBuyer’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 XxxxxBuyer, 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. Nothing in this Order shall be construed or interpreted to limit or in any way restrict the rights of the Government in regard to data, tooling or design the Government owns or has the right to use including its rights to authorize a third party’s use of such data, tooling or design. 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 thereunder to include host nation laws for work outside of the United States (collectively, “Laws”). Without limiting the generality of the foregoing, the term “Laws” includes the laws set forth in paragraphs (b) and (c) belowStates. (b) Seller shall comply with the applicable provisions of any state, federal, or international law or regulation governing the privacy and security of Personal Information (“Data Protection Laws”), as set forth in Section 13.0, Data Privacy and Security. (c) 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 authorization required to fulfill its obligations under this Order. (dc) Buyer respects Seller and its suppliers shall comply with FAR 52.222-50, Combating Trafficking in Persons, and ensure it informs its employees and suppliers of their responsibility to report human rights in trafficking violations at any tier of the operation of its business and condemns human rights abusessupply chain using any appropriate disclosure channel, including human trafficking but not limited to: Buyer’s anonymous hotline (000) 000-0000, Buyer’s anonymous and use confidential online submission (xxxxxx.xxxxxxxxxxx.xxx), and the Government’s Global Human Trafficking Hotline (844) 888 FREE and its email address at xxxx@xxxxxx.xxx. Buyer does not tolerate retaliation of forced labor. We expect our suppliers to observe similar standards any kind against individuals who, in good faith, raise questions or report concerns, and not engage in or support violations Seller shall notify its employees of trafficking victims protection lawstheir whistleblower rights under 10 U.S.C. 2409 and DFARS Section 203.9. Seller must notify law enforcement should it become aware shall flow down this requirement to all suppliers at any tier. Seller’s failure to comply with this section shall be deemed a material breach of any such violations. DATA SECURITYthe Order.

Appears in 1 contract

Samples: Purchase Order

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 XxxxxBuyer’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 XxxxxBuyer, 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. Nothing in this Order shall be construed or interpreted to limit or in any way restrict the rights of the Government in regard to data, tooling or design the Government owns or has the right to use including its rights to authorize a third party’s use of such data, tooling or design. 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 thereunder to include host nation laws for work outside of the United States (collectively, “Laws”). Without limiting the generality of the foregoing, the term “Laws” includes the laws set forth in paragraphs (b) and (c) below. (b) Seller shall comply with the applicable provisions of any state, federal, or international law or regulation governing the privacy and security of Personal Information (“Data Protection Laws”), as set forth in Section 13.0, Data Privacy and Security. (c) 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 authorization required to fulfill its obligations under this Order. (d) Buyer respects Seller and its suppliers shall comply with FAR 52.222-50, Combating Trafficking in Persons, and ensure it informs its employees and suppliers of their responsibility to report human rights in trafficking violations at any tier of the operation of its business and condemns human rights abusessupply chain using any appropriate disclosure channel, including human trafficking but not limited to: Buyer’s anonymous hotline (000) 000-0000, Buyer’s anonymous and use confidential online submission (xxxxxx.xxxxxxxxxxx.xxx), and the Government’s Global Human Trafficking Hotline (844) 888 FREE and its email address at xxxx@xxxxxx.xxx. Buyer does not tolerate retaliation of forced labor. We expect our suppliers to observe similar standards any kind against individuals who, in good faith, raise questions or report concerns, and not engage in or support violations Seller shall notify its employees of trafficking victims protection lawstheir whistleblower rights under 10 U.S.C. 2409 and DFARS Section 203.9. Seller must notify law enforcement should it become aware shall flow down this requirement to all suppliers at any tier. Seller’s failure to comply with this section shall be deemed a material breach of any such violationsthe Order. DATA SECURITY

Appears in 1 contract

Samples: Purchase Order

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