U.S. Government Use. If Customer is a branch or agency of the U.S. Government or is licensing the Software on behalf of the U.S. Government ("Government"), the following provisions apply to this Agreement. If the Software is supplied to the Department of Defense ("DoD"), it is classified as "Commercial Computer Software" under clause 252.227-7014 of the DoD Supplement to the Federal Acquisition Regulations ("DFARS") (or any successor regulations) and the Government is acquiring only the license rights granted herein (the license rights customarily provided to non-Government users). If the Software is supplied to any unit or agency of the U.S. Government other than the DoD, it is classified as "Restricted Computer Software" and the Government's rights in the Software are defined in clause 52.227-19 of the Federal Acquisition Regulations ("FAR") (or any successor regulations) or, in the case of NASA, in clause 18.52.227-86 of the NASA Supplement to the FAR (or any successor regulations).
U.S. Government Use. If the Service is licensed under a United States government contract, you acknowledge that the Service is a “commercial item” as defined in 48 CFR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are defined in FAR Section 2.101 and Section 252.227- 7014 of the Defense Federal Acquisition Regulation Supplement (48 CFR 252.227-7014) and used in 48 CFR 12.212 or 48 CFR 227.7202-1, as applicable. You also acknowledge that the Service is “commercial computer software” as defined in 48 CFR 252.227-7014(a)(1). United States government agencies and entities and others acquiring under a United States government contract will have only those rights, and will be subject to all restrictions, set forth in these Terms.
U.S. Government Use. (Applies only when licensed by or for the benefit of a U.S. government customer.)
U.S. Government Use. SolarWinds Worldwide’s Services, Software and Documentation were developed exclusively at private expense and are a “commercial item” as defined in Federal Acquisition Regulation (“FAR”) 2.101, and any supplement is provided with no greater than RESTRICTED RIGHTS. Such Services, Software, Documentation, and related items consist of “commercial computer software,” “commercial computer software documentation,” and commercial technical data as defined in the applicable acquisition regulations, including FAR 2.101 and FAR Part 12. Use, duplication, release, modification, transfer, or disclosure ("Use") of the Services, Software, and Documentation are restricted by this Agreement and in accordance with Defense Federal Acquisition Regulation Supplement (“DFARS”) Section 227.7202 and FAR Section 12.212, and the Services, Software, and Documentation are licensed (i) only as commercial items; and (ii) with only the rights granted to commercial end users pursuant to this Agreement. Such Use is further restricted by FAR 52.227-14, 252.227-7015, or similar acquisition regulations, as applicable and amended. Except as described herein, all other Use is prohibited. This Section is in lieu of, and supersedes, any other FAR, DFARS, or other clause addressing government rights under this Agreement or any other contract under which the Services, Software, or Documentation is acquired or licensed. Manufacturers are SolarWinds Worldwide, LLC, 0000 Xxxxxxxxx Xxxxxxx, Xxxxxxxx 000, Xxxxxx, Xxxxx 00000 .
U.S. Government Use. The Lookout Services are commercial computer software. If you are an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Lookout Services, or any related documentation of any kind, including technical data and manuals, is restricted by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Lookout Services were developed fully at private expense. All other use is prohibited.
U.S. Government Use. The Software and Documentation are "commercial items," as defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR
U.S. Government Use. The Software is a “commercial item” as that term is defined in 48 CFR 2.101 consisting of the commercial computer software “ExtendSim” and commercial computer software documentation. If this Software is acquired by or on behalf of an agency, department, or other entity of the United States Government or by a United States Government prime contractor or subcontractor at any tier ("Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer ("use") of this Software, and any related documentation of any kind, including technical data or manuals no matter how received by the Government, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. Therefore, this Software and related documentation can only be used in accordance with the terms in this Agreement, or any modification hereto. All other such use is prohibited. ExtendSim is a commercially available off-the-shelf (“COTS”) item, no portion of which has been developed at government expense.
U.S. Government Use. The Services and Documentation, including manuals and technical data (collectively, “Delivered Items”) delivered pursuant to this Agreement are commercial products within the meaning of applicable civilian and/or military U.S. Federal Acquisition Regulations and any supplement thereto and were developed fully at private expense. If any user of these Delivered Items is an agency, department, employee, or other entity of the U.S. Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services is restricted by the terms, conditions, and covenants contained in this Agreement. All other use is prohibited. In accordance with U.S. Federal Acquisition Regulation 12.212 for civilian agencies, and U.S. Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, software delivered pursuant to this Agreement is “commercial computer software” subject to the terms of the license set forth in this Agreement or provided with the Services. For the avoidance of doubt, the provisions of FAR 52.227-19 Commercial Computer Software License shall not apply. Notwithstanding anything in this Agreement, its attachments, schedules or any Quote or Purchase Order issued hereunder to the contrary, any FAR or DFAR clauses incorporated herein (if any) shall (a) apply only to the extent expressly incorporated herein and applicable to the type of Delivered Items being delivered by Blue Planet hereunder and required to be flowed down to Blue Planet and (b) are further subject to any applicable exemptions or exceptions available to Blue Planet.
U.S. Government Use. The Subscription Service provided under this Agreement is for the use of commercial computer software (as defined in Federal Acquisition Regulation (“FAR”) 2.101 for civilian agency purchases and Department of Defense (“DOD”) FAR Supplement (“DFARS”) 252.227-7014(a)(1) for defence agency purchases) and Assimil8 services are commercial items. If the software is licenced or services acquired by or on behalf of a civilian agency, Assimil8 provides the software, its documentation, and any other technical data subject to this Agreement consistent with FAR 12.212 (Computer Software) and FAR 12.211 (Technical Data). If software is licenced or services acquired by or on behalf of any DOD agency, Assimil8 provides the software, its documentation, and any other technical data subject to this Agreement consistent with DFARS 227.7202-3. If this is a DOD prime contract or DOD subcontract, the DOD agency you may acquire additional rights in technical data under DFARS 252.227- 7015(b). This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data.
U.S. Government Use. The following is a notice to Client as well as to any potential third party recipients of the Deliverables: Deliverables provided hereunder: (a) were developed at private expense and are JANE’S proprietary information;
(b) were not developed with government funds; (c) are an JANE’S trade secret for purposes of the Freedom of Information Act; and (d) are commercial items as defined in FAR 2.101. Any Deliverables used by, for, or on behalf of the U.S. Government are provided with LIMITED RIGHTS. Any software or tools embedded in Deliverables used by or on behalf of the U.S. Government is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure of data or software by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at FARS 12.211 and 12.212(a) and/or Commercial Computer Software at DFARS 227.7202-1(a) or subparagraphs (c) (1) and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
