Common use of GOVERNMENT NOTICE Clause in Contracts

GOVERNMENT NOTICE. This Software is a commercial product that has been developed entirely at private expense. If the Software or any related documentation is obtained by or for an agency of the U.S. Government, the Software and documentation shall be considered “commercial items,” “commercial computer software” or “commercial computer software documentation” respectively, as those terms are used in 48 CFR §2.101, 48 CFR §12.212, 48 CFR §227.7202, or 48 CFR §252.227-7014, and are licensed with only those rights as are granted to all other licensees as set forth in this Agreement and supersede any conflicting terms or conditions in any government order except those contrary to applicable mandatory federal laws. If the Customer is the United States Government, all contract disputes arising out of or relating to this Agreement will be governed by and construed in accordance with the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the transaction contemplated hereby will be instituted in the court or board of jurisdiction under the CDA. If the matter is tortious in nature, the action will be brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b).

Appears in 2 contracts

Samples: Tektronix End User License Agreement, End User License Agreement

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GOVERNMENT NOTICE. This Software is a commercial product that has been developed entirely at private expense. If the Software or any related documentation is obtained by or for an agency of the U.S. Government, the Software and documentation shall be considered “commercial items,” “commercial computer software,” or “commercial computer software documentation,” respectively, as those terms are used in 48 CFR §2.101, 48 CFR §12.212, 48 CFR §227.7202, or 48 CFR §252.227-7014, and are licensed with only those rights as are granted to all other licensees as set forth in this Agreement and supersede any conflicting terms or conditions in any government order except those contrary to applicable mandatory federal laws. If the Customer is the United States Government, all contract disputes arising out of or relating to this Agreement will be governed by and construed in accordance with the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109. Any legal suit, action, or proceeding arising out of of, or relating to to, this Agreement or the transaction contemplated hereby will be instituted in the court or board of jurisdiction under the CDA. If the matter is tortious in nature, the action will be brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b).

Appears in 2 contracts

Samples: License Agreement, License Agreement

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