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- /* BBS LEGAL GUIDE COMMENTARY: The following is the full text of
- the U.S. government acquisition regulations regarding Commercial
- Software, and sets forth the rights which the U.S> insists upon
- receiving if it purchases "off the shelf" software. " */
-
-
- CFR 52.227-19- Commercial Computer Software-- Restricted Rights
-
-
- (a) As used in this clause, restricted computer software means
- any computer program, computer data base, or documentation
- thereof, that has been developed at private expense and either is
- a trade secret, is commercial or financial and is
- confidential or privileged, or is published and copyrighted.
-
- (b) Not withstanding any provisions to the contrary contained in
- any Contractor's standard commercial license or lease agreement
- pertaining to any restricted computer software delivered under
- this purchase order/contract, and irrespective of whether any
- such agreement has been proposed prior to or after issuance of
- this purchaser order/contract or of the fact that such agreement
- has been proposed prior to or after issuance of this purchase
- order/contract or of the fact that such agreement may be affixed
- to or accompany the restricted computer software upon deliver,
- vendor agrees that the Government shall have the rights that are
- set forth in paragraph (c) of this clause to use, to duplicate or
- disclose any restricted computer software delivered under this
- purchase order/contract. The terms and provisions of this
- contract, including any commercial lease or license agreement,
- shall be subject to paragraph (c) of this clause and shall comply
- with Federal law and the Federal Acquisition Regulations.
-
- (c)(1) The restricted computer software delivered under this
- contract may not be used, reproduced or disclosed by the government
- except as provided in subparagraph (c)(2) of this clause or as
- expressly stated otherwise in the contract.
-
- (2) The restricted computer software may be--
-
- (i) Used or copied for use in or with the computer or
- computers for which it was acquired, including use at any
- Government installation to which such computer or computers may
- be transferred;
-
- (ii) Used or copied for use in or with backup computer if
- any computer for which it was acquired is inoperative;
-
- (iii) Reproduced for safekeeping (archives) or backup
- purposes;
-
- (iv) Modified, adapted, or combined with other computer
- software, provided that the modified, combined, or adapted
- portions of the derivative software incorporating any of the
- delivered, restricted computer software shall be subject to same
- restrictions set forth in this purchase order/contract;
-
- (v) Disclosed to and reproduced for use by support service
- Contractors or their subcontractors, subject to the same
- restrictions set forth in this purchase order/contract;
-
- (vi) Used or copied for use in or transferred to a
- replacement computer.
-
- (3) If the restricted computer software delivered under this
- purchase order/contract is published and copyrighted, it is
- licensed to the Government, without disclosure prohibitions, with
- the rights set forth in subparagraph (c)(2) of this clause unless
- expressly stated otherwise in this purchase order/contract.
-
- (4) To the extent feasible Contractor shall affix a Notice
- substantially as follows to any restricted computer software
- delivered under this purchase/order contract; or, if the vendor
- does not, the Government has the right to do so: NOTICE-
- Notwithstanding any other lease or license agreement that may
- pertain to, or accompany the delivery of, this computer software,
- the rights of the Government regarding its use, reproduction and
- disclosure are as set forth in Government Contract (or Purchase
- Order) No. _____________.
-
- (d) If any restricted computer software is delivered under this
- contract with the copyright notice of 17 U.S> 401, it will be
- presumed to be published and copyrighted and licensed to the
- Government in accordance with subparagraph (c)(#) of this clause,
- unless a statement substantially as follows accompanies such
- copyright notice- rights reserved under the copyright law of the
- United States.
-