Common use of Government Customers Clause in Contracts

Government Customers. Software licensed under this Agreement (as applicable) is “commercial computer software” as that term is defined in the Federal Acquisition Regulation (“FAR”) at FAR 2.101, and is comprised of commercial computer software and commercial computer software documentation (collectively, the “Commercial Software”). If the Commercial Software is licensed or acquired by or on behalf of a civilian agency of the U.S. Government, the U.S. Government’s rights to use, modify, reproduce, release, perform, display or disclose the Commercial Software are as set forth in this Agreement, consistent with 48 C.F.R. 12.212 (Computer Software) of the FAR and any successor regulation. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government’s right to use, modify, reproduce, release, perform, display, or disclose the Commercial Software are as set forth in this Agreement, consistent with 48 C.F.R. 227.7201-1 through 227.7202-4 of the DOD FAR Supplement (“DFARS”) and any successor regulation. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7201-1 through 227.7202-4, in a case of contradiction between this Government Customers clause and any other FAR, DFARS, or other clause or provisions that address Government rights in the Commercial Software that may be included in any other agreement under which the Commercial Software is licensed or acquired, this Government Customers clause will prevail.

Appears in 4 contracts

Samples: Magento Extension Agreement, Magento Extension Agreement, Magento Customer Agreement

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Government Customers. Software licensed under this Agreement (as applicable) is “commercial computer software” as that term is defined in the Federal Acquisition Regulation (“FAR”) at FAR 2.101, and is comprised of commercial computer software and commercial computer software documentation (collectively, the “Commercial Software”). If the Commercial Software is licensed or acquired by or on behalf of a civilian agency of the U.S. Government, the U.S. Government’s rights to use, modify, reproduce, release, perform, display or disclose the Commercial Software are as set forth in this Agreement, consistent with 48 C.F.R. 12.212 (Computer Software) of the FAR and any successor regulation. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government’s right to use, modify, reproduce, release, perform, display, or disclose the Commercial Software are as set forth in this Agreement, consistent with 48 C.F.R. 227.7201-1 through 227.7202-4 of the DOD FAR Supplement (“DFARS”) and any successor regulation. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7201-1 through 227.7202-4, in a case of contradiction between this Government Customers clause and any other FAR, DFARS, or other clause or provisions that address Government rights in the Commercial Software that may be included in any other agreement under which the Commercial Software is licensed or acquired, this Government Customers clause will prevail.

Appears in 1 contract

Samples: Magento Commerce Software License Agreement

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