Government Customers. No matter where located, for all U.S. Government Customers this Agreement shall be governed by the Federal law of contracts.
Government Customers. Software licensed under this Agreement (as applicable) is “commercial computer software” as that term is defined in the Federal Acquisition Regulation (“FAR”) at FAR 2.101, and is comprised of commercial computer software and commercial computer software documentation (collectively, the “Commercial Software”). If the Commercial Software is licensed or acquired by or on behalf of a civilian agency of the U.S. Government, the U.S. Government’s rights to use, modify, reproduce, release, perform, display or disclose the Commercial Software are as set forth in this Agreement, consistent with 48 C.F.R. 12.212 (Computer Software) of the FAR and any successor regulation. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government’s right to use, modify, reproduce, release, perform, display, or disclose the Commercial Software are as set forth in this Agreement, consistent with 48 C.F.R. 227.7201-1 through 227.7202-4 of the DOD FAR Supplement (“DFARS”) and any successor regulation. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7201-1 through 227.7202-4, in a case of contradiction between this Government Customers clause and any other FAR, DFARS, or other clause or provisions that address Government rights in the Commercial Software that may be included in any other agreement under which the Commercial Software is licensed or acquired, this Government Customers clause will prevail.
Government Customers. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose technical data and/or computer databases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
Government Customers. Government Customer Identified Government Contract Date Provided to Supplier Exclusion(s) State of Illinois Solicitation Document, Mobile Device Management Application/IPB Reference # PBC 12-65124 (pp. 1-38) Contract signed by AT&T and Central Management Services, PBC# 12-65124 (“Illinois Contract”) April 30, 2012 • Supplier’s Materials or Service are not completely compliant with Section 508 of the Rehabilitation Act, to the extent this amendment applies to the Illinois contract. Supplier’s Materials and Service adhere to the general human interface design conventions of the device operating system platforms upon which they run. This allows the Materials or Service to support various accessibility features that are native to the device operating system platform. For example, on the Apple iOS devices, visually-impaired users can use the VoiceOver feature to speak items shown in the Materials’ or Service’s user interface. There is also accessibility functionalities built into the Android platform. So even if Supplier itself has not yet built specific accessibility features, the Materials or Service supports some features if they are included in the device operating system platform (e.g., Apple iOS, Android). [* * *] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities act of 1933, as amended. 20100106.054.S.001.A005 to Supplement 20100106.054.S.001 Between Mobile Iron, Inc. And AT&T Services, Inc. Agreement 20100106.054.S.001.A.005 Amendment 5 to Supplement 1 to AT&T-Mobile Iron Resale Agreement This Amendment 5 to Supplement 1, effective on the date when signed by the last Party (“Amendment Effective Date”), hereby amends Supplement 1 (Agreement No. 20100106.054.S.001) (the “Supplement”) to AT&T-Mobile Iron Resale Agreement effective April 22, 2010, as previously amended (Agreement No. 20100106.054.C) (the “Agreement”), by and between Mobile Iron, Inc., a Delaware corporation (“Supplier”), and AT&T Services, Inc., a Delaware corporation (“AT&T”), each of which may be referred to in the singular as a “Party” or in the plural as the “Parties”. All capitalized terms not otherwise defined in this amendment shall have the meanings assigned to them in the Supplement or the Agreement.
Government Customers. This Agreement shall be governed by and construed in accordance with United States Federal statutory and common law. The United States Federal Courts shall have exclusive jurisdiction over any claim arising under this Agreement. Indemnification GDMS will defend any action brought against Customer based on a claim that any GDMS Product infringes any U.S. patents or copyrights excluding third party software, provided that GDMS is immediately notified in writing and GDMS has the right to control the defense of all such claims, lawsuits, and other proceedings. If, as a result of any claim of infringement against any U.S. patent or copyright, GDMS is enjoined from using the Product, or if GDMS believes the Product is likely to become the subject of a claim of infringement, GDMS at its option and expense may procure the right for Customer to continue to use the Product, or replace or modify the Product so as to make it non-infringing. If neither of these two options is reasonably practicable, GDMS may discontinue the license granted herein on one month's written notice and refund to Licensee the unamortized portion of the license fees hereunder. The depreciation shall be an equal amount per year over the life of the Product as established by GDMS. The foregoing states the entire liability of GDMS and the sole and exclusive remedy of the Customer with respect to infringement of third party intellectual property.
Government Customers. The Product is a "Commercial Item" as that term is defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable, Commercial Computer Software and Commercial Computer Software Documentation are licensed to the U.S. Government users (i) only as Commercial Items and (2) only with those rights granted to other users under this XXXX. Unpublished rights are reserved under the copyright laws of the United States.
Government Customers. Government customers should consult with Bondap prior to acceptance. By accepting this agreement, you represent that you have complied and will continue to comply with all applicable laws and governmental procurement requirements.
Government Customers. If any of the rights or licenses granted hereunder are ac quired by or on behalf of a unit or agency of the United States Government, this Section applies. The Software is a trade secret of BROADCOM for all purposes o f the Freedom of Information Act and is, in all respects, proprietary data xxxxx xxxx solely to BROADCOM. The Software: (i) was developed at private expense, is existing computer software, and no part of it was developed with government fun ds, (ii) is "restricted computer software" submitted with restricted rights in a ccordance with subparagraphs (a) through (d) of the Commercial Computer Software -Restricted Rights clause at 48 CFR 52.227-19 and its successors, (iii) is unpub lished and all rights are reserved under the copyright laws of the United State
Government Customers. The SDK Software and any related Documentation are each a “commercial item,” as that term is defined at 48 C.F.R. §2.101 (Oct 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. §12.212 (Sep 1995) and are provided to U.S. Government end users with only those rights set forth herein.
Government Customers. Failure of Datadog and a Government Customer to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, for a Government Customer who is an instrumentality of the U.S., or the corresponding applicable state authority for a Government Customer who is an instrumentality of a State or Local government. Datadog shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
