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GOVTFULL.STA
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1993-03-21
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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.