Common use of United States Government Customers Clause in Contracts

United States Government Customers. If the Software is acquired by or on behalf of a unit or agency of the United States government, the following terms shall apply. Trustwave Software (i) is existing computer software, and was developed at private expense, (ii) is a trade secret of Trustwave for all purposes of the Freedom of Information Act, (iii) is “commercial computer software” subject to limited utilization as expressly stated in this Agreement, and (iv) in all respects is proprietary data belonging to Trustwave. Trustwave reserves all rights to the Software under the copyright law of the United States. For civilian agencies and entities acquiring Software under a GSA Schedule, the Software is licensed only with “Restricted Rights” and use, reproduction or disclosure is subject to restrictions set forth in subparagraph (a) through (d) of the Commercial Computer Software – Restricted Rights clause at 52.227-19 of the Federal Acquisition Regulations and its successors. For units of the United States Department of Defense (“DoD”), the Software is licensed only with “Limited Rights” and use, duplication, or disclosure is subject to restrictions as set forth in subdivision (b)(3) of the Rights in Technical Data and Computer Software clause at 252.227-7013 of the DoD Supplement to the Federal Acquisition Regulations and its successors.

United States Government Customers. If the Software is acquired by or on behalf of a unit or agency of the United States government, the following terms shall apply. Trustwave Software (i) is existing computer software, and was developed at private expense, (ii) is a trade secret of Trustwave for all purposes of the Freedom of Information Act, (iii) is “commercial computer software” subject to limited utilization as expressly stated in this Agreement, and (iv) in all respects is proprietary data belonging to Trustwave. Trustwave reserves all rights to the Software under the copyright law of the United States. For civilian agencies and entities acquiring Software under a GSA Schedule, the Software is licensed only with “Restricted Rights” and use, reproduction or disclosure is subject to restrictions set forth in subparagraph (a) through (d) of the Commercial Computer Software – Restricted Rights in Data clause at 52.227-19 52.227- 14 of the Federal Acquisition Regulations and its successors. For units of the United States Department of Defense (“DoD”), the Software is licensed only with “Limited Rights” and use, duplication, or disclosure is subject to restrictions as set forth in subdivision (b)(3) of the Rights in Technical Data and Computer Software clause at 252.227-7013 of the DoD Supplement to the Federal Acquisition Regulations and its successors.