Common use of COMMERCIAL COMPUTER SOFTWARE Clause in Contracts

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 Client Customer is an agency or contractor of the United States Government, Client Customer acknowledges and agrees that 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, CyberArk; (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.section

COMMERCIAL COMPUTER SOFTWARE. If Client Customer is an agency or contractor of the United States Government, Client Customer acknowledges and agrees that 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, Creo; (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 section 252.227-7014 or FAR Part 12.212. Customer shall 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.