GOVERNMENT CUSTOMER RIGHTS Sample Clauses

GOVERNMENT CUSTOMER RIGHTS. If this Software is provided under a federal government contract, then eMDs intends that any Software provided under this XXXX constitute "commercial item(s)" as defined in Federal Acquisition Regulation ("FAR") 2.101, including any Software, Clinical Content, Documentation or technical data. Additionally, all Software, Clinical Content, Documentation, or technical data provided by eMDs to Government Customer under this XXXX will be considered related to such "commercial item(s)". If Government Customer seeks rights in Software, Clinical Content, Documentation, or technical data provided by eMDs under this XXXX, then eMDs grants only those rights established under any FAR or FAR Supplement clauses which are flowed down to eMDs under this XXXX consistent with the delivery of "commercial item(s)." If Government Customer contends that any Software, Clinical Content, Documentation, or technical data provided under this XXXX does not constitute "commercial item(s)" as defined in FAR 2.101, then Government Customer promptly will notify eMDs of the same, and identify what rights Government Customer contends exist in such Software, Clinical Content, Documentation, or technical data. No rights in any such Software, Clinical Content, Documentation, or technical data will attach other than rights related to "commercial item(s)" unless Government Customer provides such notice to eMDs, and eMDs expressly agrees in writing that such rights are granted under this XXXX. Notwithstanding the foregoing, the Software includes CPT, CPT® Assistant, CPT® Changes, CPT® Consumer Friendly Data, CPT® Knowledge Base, SNOMED CT® Maps which is commercial technical data, which was developed exclusively at private expense by the American Medical Association (AMA), 000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. The AMA does not agree to license CPT to the Federal Government based on the license in FAR 52.227-14 (Data Rights – General) and DFARS 252.227-7015 (Technical Data – Commercial Items) or any other license provision. The AMA reserves all rights to approve any license with any Federal agency. Exhibit B Business Associate Addendum Customer is a “Covered Entity” or “Business Associate” under the Health Insurance Portability and Accountability Act of 1996 and associated agency regulations promulgated thereunder (together, “HIPAA”). Pursuant to the XXXX, eMDs provides certain services to Customer and in providing those services may use, disclose, receive, create, maintain or transmit...
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Related to GOVERNMENT CUSTOMER RIGHTS

  • Government End Users The Apple Software and 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 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. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  • Government Users If Customer is a U.S. government entity or if this Agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), Customer acknowledges that elements of the Service constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government User as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

  • U.S. Government End Users The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.

  • Government Use If the Software, Documentation, Materials and any other Licensor services are being or have been acquired with U.S. Federal Government funds, or Customer is an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software or any related documentation of any kind, including technical data, manuals or Materials, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. The Software, Materials, and any Licensor services are COMMERCIAL ITEMS AS DEFINED BY THE FEDERAL ACQUISITION REGULATION. Use of the Software and Materials by the Government is further restricted according to the Agreement and any amendment hereto.

  • Notice to U.S. Government End Users The Licensed Software and Documentation are deemed to be “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7207, as applicable. Consistent with such sections, the Licensed Software and Documentation are licensed to U.S. Government end users (i) only as Commercial Items, and (ii) with only those rights as are granted pursuant to this License Agreement. Manufacturer is Micro Focus (US), Inc., 000 Xxxx Xxxx Xxxx., Xxxxx 000, Xxxxxxxxx, XX 00000 as or on behalf of Licensor.

  • License to Customer Vendor grants to Customer, a perpetual, irrevocable, royalty free license, solely for the Customer’s internal business purposes, to use, copy, modify, display, perform (by any means), transmit and prepare derivative works of any Vendor IP embodied in or delivered to Customer in conjunction with the Work Product. The foregoing license includes the right to sublicense third parties, solely for the purpose of engaging such third parties to assist or carryout Customer’s internal business use of the Work Product. Except for the preceding license, all rights in Vendor IP remain in Vendor.

  • U.S. Government Users The Software is commercial computer software and commercial computer software documentation within the meaning of the applicable acquisition regulations. If acquired by or on behalf of a civilian agency of the United States government, the Software will be subject to terms of this Agreement as a “license customarily provided to the public” as specified in 48 C.F.R. ch. 1 Part 12.212 of the Federal Acquisition Regulations and its successors. If acquired by or on behalf of units of the Department of Defense, it will be subject to the terms of this Agreement as a “license customarily provided to the public “as specified in 48 C.F.R. ch. 1 Part 227.7202, DFAR Supplement and its successors. If Spirent receives a request from any Customer agency of the U.S. Government to provide Software with rights beyond those stated above, Spirent will promptly, in its sole discretion, accept or reject such request.

  • SAP Customer ID The parties agree that services ordered through Individual Orders shall be applied exclusively to the SAP customer IDs specified in the Order Form and the training services shall be used solely by Users.

  • To Customer To the extent Goods or any of their substances fall within the scope of other chemical control regulations, Supplier confirms and represents that the Goods or any of their substances, are fully compliant with these regulations.

  • Customer The agency or eligible user that purchases commodities or contractual services pursuant to the Contract.

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