Commercial Goods. For Commercial Goods acquired under the Federal Acquisition Regulation (FAR), the following FAR provisions are incorporated herein by reference: (i) 52.219-8 Utilization of Small Business Concerns (if the contract exceeds $500,000) (ii) 52.222-26 Equal Opportunity, (iii) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans, (iv) 52.222-36 Affirmative Action for Workers with Disabilities, (v) 52.222-41 Service Contract Act of 1965 as Amended and (vi) 52.247-64 Preference for Privately Owned U. S. Flag Commercial Vessels.
Commercial Goods. To the extent that Seller provides any of its commercial computer Goods under this Contract, Seller’s normal commercial license terms shall govern the end user’s use of such commercial Good if provided with delivery of the Goods, 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 Goods 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 section Z(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 Goods goods and items being the subject of sale and delivery performed by the Seller.
