U.S. Government Users. The Software is commercial computer software and commercial computer software documentation within the meaning of the applicable acquisition regulations. If acquired by or on behalf of a civilian agency of the United States government, the Software will be subject to terms of this Agreement as a “license customarily provided to the public” as specified in 48 C.F.R. Ch. 1 Part 12.212 of the Federal Acquisition Regulations and its successors. If acquired by or on behalf of units of the Department of Defense, it will be subject to the terms of this Agreement as a “license customarily provided to the public “as specified in 48 C.F.R. Ch. 1 Part 227.7202, DFAR Supplement and its successors. If Spirent receives a request from any Customer agency of the U.S. Government to provide Software with rights beyond those stated above, Spirent will promptly, in its sole discretion, accept or reject such request.
U.S. Government Users. The Software is a “commercial item” consisting of “commercial computer software” and the Product Documentation is a “commercial item” consisting of “commercial computer software documentation,” as such terms are used in 48 C.F.R. 2.101 and 48 C.F.R. 12.212. Under 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 to 227.7202-4, U.S. Government Users acquire the Software and Product Documentation only with the rights set forth therein.
U.S. Government Users. The Software and its Documentation are "Commercial items," "Commercial computer software" and "Computer software documentation" as defined by the Federal Acquisition Regulations ("FAR") and Defense Federal Acquisition Regulations Supplement ("DFARS"). Pursuant to FAR 12.211, FAR 12.212, DFARS, 227.7202-1 through 227.7202-4, and their successors, the U.S. Government acquires the Software and its documentation subject to the terms of this Agreement.
U.S. Government Users. The following applies to any end user that is a U.S. Government entity: Each of the components that comprise the Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and/or “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein. Contractor/manufacturer is Blackboard Inc., 000 Xxxxxxxxxxxxx Xxxxxx XX, 0xx Xxxxx, Xxxxxxxxxx, XX 00000. All rights not specifically granted in this Agreement are reserved by Blackboard.
U.S. Government Users. The Subscription Services and underlying software is a “commercial item” consisting of “commercial computer software” and the Product Documentation is a “commercial item” consisting of “commercial computer software documentation,” as such terms are used in 48 C.F.R. 2.101 and 48 C.F.R. 12.212. Under 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 to 227.7202-4, U.S. Government Users rights to the Subscription Services and Product Documentation only with the rights set forth therein.
U.S. Government Users. In the event any Software is provided by Xxx.xxx to a U.S. Government User, the Software and accompanying documentation which are used as part of the Xxx.xxx Service are "commercial items," as such terms are defined at 48 C.F.R. 2.101 (Revised Oct 2002), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Revised Oct 2002) and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (Revised Oct 2002), all U.S. Government entities acquiring the use of the Service and accompanying documentation only have those rights set forth herein.
U.S. Government Users. Evaluation Software includes “Commercial Computer Software” and “Commercial Computer Software Documentation.” In accordance with Section 12.212 of the Federal Acquisition Regulations (FAR) and Sections 227.7202-1 through 227.7202-4 of the Defense Federal Acquisition Regulation Supplement (DFARS), any use, duplication or disclosure of Evaluation Software by the U.S. Government or any of its agencies will be governed by and subject to all of the terms, conditions, restrictions, and limitations of the Agreement. Use of Evaluation Software is agreement by the U.S. Government that Evaluation Software includes "commercial computer software" and "commercial computer software documentation" and its acceptance of the rights and restrictions in the Agreement. If for any reason the Evaluation Software is not considered commercial or the Agreement terms are otherwise deemed not to apply, the Evaluation Software will be deemed to be provided with “Restricted Rights” as defined in FAR 52.227-14(a) and FAR 52.227-14(g)(4) (Alt III), or DFARS 252.227- 7014(a)(15) and DFARS 252.227-7014(b)(3), as applicable.
U.S. Government Users. If the Legato Product is acquired directly or indirectly by or on behalf of the United States Government, then use, duplication, or disclosure is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 subparagraph (c)(1)(ii), or the Commercial Computer Software - Restricted Rights at CFR 52.227-19, subparagraphs (c)(1) and (2), as applicable. Manufacturer is Legato Systems, Inc., Mountain View, California.
U.S. Government Users. The Software and documentation qualify as “commercial items” as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.
U.S. Government Users. For U.S. Government agencies or contractor licensees, use, duplication or disclosure of the Software is granted with “Restricted Rights” subject to the restrictions set forth in this License and as provided in FAR 52.227.19(c)(2) or subparagraph (c)(1)(ii) of the rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and/or in similar or successor clauses in the FAR, or the DOD or NASA FAR Supplement.
