Far Takeover Agreement

Commercial purchases of software are dealt with only briefly under DFARS 227.7202, which essentially states that the government obtains the rights normally acquired by customers in the relevant software market, that the government obtains the minimum rights necessary for government purposes, and that the government cannot compel the commercial vendor to waive its rights. The Government cannot unilaterally alter the provision of rights to computer software; The agreement is binding by law and DFARS provisions relating to the acquisition of commercial software. The contractual clause, normally contained in a commercial software agreement, is FAR clause 52.212-4, Commercial Items. This clause reflects the above intention that the government grants the ordinary consumer, in that particular market, rights that, in reality, are defined by a separate software license. Software licenses have routine rules that are illegal in government contracts. In particular, see FAR 12.304 for the provisions of clause 52.212-4, which can be cropped and cannot be as good, as well as certain provisions that can NEVER be included in a government contract, except in very specific circumstances (e..B g. indemnification agreements, provisions requiring the government to relinquish control of disputes (generally for infringement actions against the government/licensee, The Committee on Accounts and Appeals). Consider clause 52.212-4 and the software license separately and determine whether it contains any overlapping or conflicting provisions.

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