Common use of Federal Use Clause in Contracts

Federal Use. If Client is a US government entity or if Client’s customers are US government entities, the Software licensed under the Agreement shall be “commercial computer software” as that term is defined in 48 CFR 2.101, and all U.S. government end users shall acquire the Software with only those rights set forth in the Agreement, in accordance with 48 CFR 12.212(b) and/ or 48 CFR 227.7202-1(a) and 48 CFR 227.7202-4, as applicable. If Client is not a US government entity and Client’s customers are not US government entities, this provision is not applicable, and Client represents that (i) neither Client nor its customers are US governmental agencies and (ii) Client is not acquiring the License pursuant to a US governmental contract or with US government funds.

Federal Use. If Client is a US government entity or if Client’s customers are US government entities, the Software licensed under the Agreement shall be “commercial computer software” as that term is defined in 48 CFR 2.101, and all U.S. government end users shall acquire the Software with only those rights set forth in the Agreement, in accordance with 48 CFR 12.212(b) and/ or 48 CFR 227.7202-1(a) and 48 CFR 227.7202-227.7202- 4, as applicable. If Client is not a US government entity and Client’s customers are not US government entities, this provision is not applicable, and Client represents that (i) neither Client nor its customers are US governmental agencies and (ii) Client is not acquiring the License pursuant to a US governmental contract or with US government funds.