Common use of Government Licensees Clause in Contracts

Government Licensees. If the entity on whose behalf you are acquiring the Trend Micro Products/Services software is any unit or agency of the United States Government, then that Government entity acknowledges that the Trend Micro Products/Services software (i) was developed at private expense, (ii) is commercial in nature, (iii) is not in the public domain, and (iv) is "Restricted Computer Software" as that term is defined in Clause 52.227 19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that (i) if the Trend Micro Products/Services software is supplied to the Department of Defense (DoD), the Trend Micro Products/Services software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Trend Micro Products/Services software and its documentation as that term is defined in Clause 252.227 7013(c)(1) of the DFARS, and (ii) if the Trend Micro Products/Services software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Trend Micro Products/Services software and its documentation will be as defined in Clause 52.227 19(c)(2) of the FAR.