Common use of FEDERAL GOVERNMENT LICENSE Clause in Contracts

FEDERAL GOVERNMENT LICENSE. (a) This Section only applies when Developer is the United States government or an agency thereof. (b) Portions of the software and other materials licensed hereunder were developed at private expense and constitute and/or embody trade secrets or published copyrighted software. By accepting delivery of the software, the government hereby agrees that this software and the related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “ Commercial Computer Software” and “ Commercial Computer Software Documentation”, as such terms ar e used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 000-0000-0 through 000-0000-0, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being 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 herein, as provided in DFARS 227-7202-1(a) and 227-7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct. 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (Alt III), as applicable. The terms and conditions of this Agreement shall pertain to the government’s use and disclosure of the software, and shall supersede any conflicting contractual terms or conditions. If this Agreement fails to meet the government’s minimum needs or is inconsistent in any respect with federal procurement law, the government agrees to make no use of Allscripts’ software or other materials. The foregoing provision shall be deemed updated as necessary to reference successor provisions.

Appears in 1 contract

Samples: Fhir Api License Agreement

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FEDERAL GOVERNMENT LICENSE. (a) This Section only applies when Developer is the United States government or an agency thereof. (b) Portions of the software and other materials licensed hereunder were developed at private expense and constitute and/or embody trade secrets or published copyrighted software. By accepting delivery of the software, the government hereby agrees that this software and the related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of Commercial Computer Software” and Commercial Computer Software Documentation”, as such terms ar e are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 000227- 7202-0000-0 1 through 000-0000-0, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being 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 herein, as provided in DFARS 227-7202-1(a) and 227-7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct. 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (Alt III), as applicable. The terms and conditions of this Agreement shall pertain to the government’s use and disclosure of the software, and shall supersede any conflicting contractual terms or conditions. If this Agreement fails to meet the government’s minimum needs or is inconsistent in any respect with federal procurement law, the government agrees to make no use of Allscripts’ software or other materials. The foregoing provision shall be deemed updated as necessary to reference successor provisions.

Appears in 1 contract

Samples: Allscripts Developer Program Agreement

FEDERAL GOVERNMENT LICENSE. (a) This Section only applies when Developer is the United States government or an agency thereof. (b) Portions of the software and other materials licensed hereunder were developed at private expense and constitute and/or embody trade secrets or published copyrighted software. By accepting delivery of the software, the government hereby agrees that this software and the related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “ Commercial Computer Software” and “ Commercial Computer Software Documentation”, as such terms ar e are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 000-0000-0 through 000-0000-0, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being 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 herein, as provided in DFARS 227-7202-1(a) and 227-7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct. 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (Alt III), as applicable. The terms and conditions of this Agreement shall pertain to the government’s use and disclosure of the software, and shall supersede any conflicting contractual terms or conditions. If this Agreement fails to meet the government’s minimum needs or is inconsistent in any respect with federal procurement law, the government agrees to make no use of Allscripts’ the MedInformatix software or other materials. The foregoing provision shall be deemed updated as necessary to reference successor provisionsprovisions Date: Date: Developer MedInformatix, Inc. BY BY: Each agreement Developer enters with a Client pursuant to which Developer distributes or provides to the Client, or authorizes the Client to access or use, a FHIR App must include binding provisions that incorporate and are fully consistent and comply with the terms set forth in these End-User License Agreement Requirements. Except as expressly provided below, Developer’s agreement with each Client must use the definitions provided in this Agreement for the capitalized terms set forth below. The agreement between Developer and Client shall not conflict with or modify (or be construed or interpreted to conflict with or modify): (a) Client’s license to the Associated MedInformatix Software under Client’s applicable agreement with MedInformatix or the applicable MedInformatix affiliate or reseller, including any of the license’s prohibitions, restrictions, or limitations; or (b) this Agreement.

Appears in 1 contract

Samples: Terms of Use and Fhir Api License Agreement

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FEDERAL GOVERNMENT LICENSE. (a) This Section only applies when Developer is the United States government or an agency thereof. (b) Portions of the software and other materials licensed hereunder were developed at private expense and constitute and/or embody trade secrets or published copyrighted software. By accepting delivery of the software, the government hereby agrees that this software and the related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of Commercial Computer Software” and Commercial Computer Software Documentation”, as such terms ar e are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 000-0000-0 through 000-0000-0, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being 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 herein, as provided in DFARS 227-7202-1(a) and 227-7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct. 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (Alt III), as applicable. The terms and conditions of this Agreement shall pertain to the government’s use and disclosure of the software, and shall supersede any conflicting contractual terms or conditions. If this Agreement fails to meet the government’s minimum needs or is inconsistent in any respect with federal procurement law, the government agrees to make no use of Allscripts’ CareEvolution’s software or other materials. The foregoing provision shall be deemed updated as necessary to reference successor provisions.

Appears in 1 contract

Samples: Developer Portal Terms of Use and Fhir Api License Agreement

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