/* 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.