U.S. Government Contracts. If this order is issued pursuant to a U.S. Government prime or subcontract, the foregoing conditions of sale are hereby modified as required (mandatory flow down only) to include such terms and conditions of the Federal Acquisition Regulations in effect as of the date of order and only as directly applicable based on value of this order.
U.S. Government Contracts. 23.1. This Clause 23 applies only if the Order is for the direct or indirect sale to any agency of the U.S. government and/or is funded in whole or in part by any agency of the U.S. government.
23.2. Purchaser agrees that all Contract Products and services provided by B&R meet the definition of “commercial-off-the-shelf” (“COTS”) or “commercial item” as those terms are defined in Federal Acquisition Regulation (“FAR”) 2.101. Purchaser agrees, consistent with FAR 12.212, that commercial computer software and commercial computer software documentation are licensed under B&R’s Software license. To the extent the Buy America(n) Act, Trade Agreements Act, or other domestic preference requirements are applicable to this Agreement, the country of origin of Contract Products is unknown unless otherwise specifically stated by B&R in this Agreement. Purchaser agrees any services offered by B&R are exempt from the Service Contract Act of 1965 (FAR 52.222-41). The version of any applicable FAR clause listed in this Clause 23 shall be the one in effect on the effective date of the Order.
23.3. If Purchaser is an agency of the U.S. Government, then as permitted by FAR 12.302, Xxxxxxxxx agrees that all paragraphs of FAR 52.212-4 (except those listed in 12.302(b)) are replaced with the Agreement. Purchaser further agrees the subparagraphs of FAR 52.212-5 apply only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the Order price.
23.4. If Purchaser is procuring the Contract Products or services as a contractor, or subcontractor at any tier, on behalf of any agency of the U.S. Government, then Purchaser agrees that FAR 52.212-5(e) or 52.244-6 (whichever is applicable) applies only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the Order price.
U.S. Government Contracts. The Software provided under this Agreement is commercial computer software as described in the Department of Defense Federal Acquisition Regulation Supplement (DFARS) 252.227-7014(a)(1) and Federal Acquisition Regulation (FAR) 2.101 (commercial item). If acquired by or on behalf of the Department of Defense (DOD), or any component thereof, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in DFARS 227.7202- 3, Rights in Commercial Computer Software or Commercial Computer Software Documentation. If acquired by or on behalf of any civilian agency or authorized governmental entity, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software.
U.S. Government Contracts. This Article 28 applies only if the Agreement is for the direct or indirect sale, or is funded in whole or in part by, an agency of the U.S.federal government, or a state government, or any other U.S.government instrumentality or political subdivision (collectively "U.S.government entity"). Unless otherwise expressly stated and specifically agreed in ABB's Proposal:
(a) Xxxxxxxxx agrees that:
(i) all Equipment, Software, and Services provided by ABB meet the definition of "commer- cial-off-the-shelf" ("COTS") or "commercial product" or "commercial service" or "commercial computer software" as those terms are defined in Federal Acquisition Regulation ("FAR") 2.101.
(ii) ABB technical data and computer software are developed at ABB's private expense and not in performance of the Agreement. ABB retains ownership and proprietary rights in all technical data and computer software provided to Purchaser under the Agreement and under a U.S.Government contract or subcontract. Neither the Purchaser, the U.S.Government nor any higher-tier contractor under a U.S.Government contract will obtain any rights in ABB technical data or computer software beyond the rights provided under ABB's standard com- mercial licenses consistent with FAR 12.211 and 12.212.
(iii) to the extent the Buy American Act (41 U.S.C. §§ 8301 –8305, as amended), Trade Agreements Act (19 U.S.C. §§ 2501 – 2581, as amended), Build America, Buy America(Pub. L. 117-58, December 29, 2022, as amended) or other domestic preference requirements are applicable to this Agreement, the country of origin of Equipment or Software is unknown.
(iv) the version of any applicable FAR clause listed in this Article 28 shall be the one in effect on the effective date of this Agreement.
(b) If Purchaser is an agency of the U.S. Government, then as permitted by FAR 12.302, Pur- chaser agrees that:
(i) all paragraphs of FAR 52.212-4 (except those listed in 12.302(b)) are replaced with these Terms and Conditions.
(ii) only the clauses identified in FAR 52.212-5 apply and only to the extent applicable for sale of COTS and/or commercial products and/or commercial services and as appropriate for the purchase order price.
(iii) any Services offered by ABB are exempt from the Service Contract Act of 1965 (41 U.S.C. §§ 6701 - 6707, as amended).
(iv) all other U.S. Government agency contract provisions are rejected.
(c) If Purchaser is procuring as a contractor, or subcontractor at any tier, on behalf of an agency of a U.S. govern...
U.S. Government Contracts. This Section applies to all acquisitions of the Software by or for the government of the United States of America (“government”) or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement, or other activity with the government. By accepting delivery of the Software, the government hereby agrees that this software qualifies as “commercial” computer software within the meaning of the acquisition regulation(s) applicable to the procurement. The terms and conditions of this Agreement shall pertain to the government’s use and disclosure of the Software and shall supersede any conflicting contractual terms or conditions. If this Agreement fails to meet the government’s needs or is inconsistent in any respect with the federal law of the United States of America, the government agrees to return the Software, unused, to Nuance. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): “Restricted Rights-Use, duplication, and disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (Oct. 1988).” In the event any of the above referenced agency regulations is amended or replaced, the equivalent successor regulation shall apply instead.
U.S. Government Contracts. Unless authorized by Adobe in advance and in writing, Reseller is not permitted to resell Software Products or provide related services or support through any U.S. Government purchasing vehicle, including (but not limited to): GSA Schedule, SEWP IV, State-wide Purchasing Contracts, Government Wide Acquisition Contracts (GWACs), Blanket Purchase Agreements (BPAs), Indefinite Quantity Indefinite Delivery (IDIQ) contracts or any purchasing mechanisms which obligate government funds. Reseller is specifically precluded from modifying identified Adobe products, including but not limited to Software Products, onto such purchasing vehicles. To secure Adobe authorization for amendment or submission of Adobe products onto a U.S. Government purchasing vehicle, a written request must be sent to the Government Channels Operations Manager. Such request will include the following information at a minimum:
a. Contract or Program Name b. Agency(ies)/Department(s) Covered by Contract
U.S. Government Contracts. This subsection applies when any Software is acquired directly or indirectly by or on behalf of the
U.S. Government Contracts. If goods purchased by Buyer hereunder are to be used in performance of United States of America government contract or subcontract, a U.S. government contract number shall appear on the Agreement.
U.S. Government Contracts. Buyer is not a contractor, or subcontractor at any tier, for the direct or indirect sale to any agency of the U.S. Government, and/or is funded in whole or in part by any agency of the U.S. Government.
U.S. Government Contracts. If Buyer intends to use Products in the performance of a U.S. Government contract or subcontract where Federal Acquisition Regulations, Defense Federal Acquisition Regulations Supplements, or other applicable government procurement rules or regulations (collectively, “Government Procurement Regulations”) will apply, Buyer will inform OSL in writing of each applicable Government Procurement Regulation before Buyer submits an applicable purchase order for the Product. Unless otherwise agreed upon in writing and signed by OSL, (i) no Government Procurement Regulations will apply, (ii) OSL will not provide certified cost or pricing data, and (iii) Cost Accounting Standards, Defective Pricing, and Audit requirements will not apply.
