Notice to U.S. Government End Users. The Licensed Software and Documentation are deemed to be “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7207, as applicable. Consistent with such sections, the Licensed Software and Documentation are licensed to U.S. Government end users (i) only as Commercial Items, and (ii) with only those rights as are granted pursuant to this License Agreement. Manufacturer is Micro Focus (US), Inc., 000 Xxxx Xxxx Xxxx., Xxxxx 000, Xxxxxxxxx, XX 00000 as or on behalf of Licensor.
Notice to U.S. Government End Users. The Software and accustoming Documentation are considered “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the Software and accustoming Documentation by the United States Government will be governed solely by this Agreement and will be prohibited except to the extent expressly permitted by this Agreement.
Notice to U.S. Government End Users. For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this agreement.
Notice to U.S. Government End Users. The Software and Documentation qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this License may be incorporated, you may provide to a government end user or, if this License is direct, government end user will acquire, the Software and Documentation with only those rights set forth in this License. Use of either the Software or Documentation or both constitutes agreement by the government that the Software and Documentation are “commercial computer software” and “commercial computer software documentation” and constitutes acceptance of the rights and restrictions herein.
Notice to U.S. Government End Users. The Software and Documentation are “commercial items,” as that term is defined at U.S. Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212. In accordance with FAR 12.212 and the Defense FAR Supplement (“DFARS”) 227.7202 as applicable, and notwithstanding any other FAR, DFARS, or other contractual clause or order of precedence provision to the contrary in any agreement or order into which this Agreement may be incorporated, any the Software and Documentation provided pursuant to this Agreement for use by or on behalf of the U.S. Government is provided with only those rights granted in this Agreement. Use of either the Software or Documentation by or on behalf of the U.S. Government constitutes agreement that the Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively, and acceptance of the rights and restrictions herein. Customers under this Agreement that provide the Software and Documentation to end users for use by or on behalf of the U.S. Government shall ensure that the substance of this clause is included in Customer’s agreement (or any of its customer agreements) with such end users and any failure to so incorporate the substance of this clause shall constitute a material breach of this Agreement. Exhibit A Support and Maintenance 1. Support Plans. ExtraHop provides the following support plans: Support Platinum Gold Coverage Support Hours 24 x 7 x 365 Monday – Friday standard business days 6AM – 6PM local time Initial Response Times (coverage hours) Initial Response Time is the time between ExtraHop creating a support case and first contacting the Customer. Severity 1 Phone or Web 1 3 Severity 2 Phone or Web 2 4 Email 4 12 Severity 3 / 4 Phone or Web 4 8 Email 12 Next coverage day Communication Cadence (coverage hours) Communication cadence and priority levels are mutually established by Customer and ExtraHop on a case-by-case basis. Priority 1 Critical 4 12 Priority 2 High 24 Next coverage day Priority 3 Medium 72 3 coverage days Priority 4 Low 120 5 coverage days Hardware replacement Subject to ExtraHop authorization and ExtraHop’s End-of-Life Policy, replacements will be shipped same day if authorized by 12PM PST, otherwise next business day PST. Subject to ExtraHop authorization and ExtraHop’s End-of-Life Policy, replacements wil...
Notice to U.S. Government End Users. Any Publisher’s Apps installed for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that terms is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Notice to U.S. Government End Users. The Licensed Software is provided to the United States Government with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to the restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or the successor as appropriate. Manufacturer is Micro Focus (US), Inc., 0000 Xxx Xxxx Xxxxx, Xxxxxxxxx, XX 00000 as or on behalf of Licensor. 13 LICENSE FEES, PAYMENT, AND TERMS. Licensee agrees to pay the applicable end user license fees for the Licensed Software within thirty (30) days of the date of invoice or such earlier date as is specified in the Product Order. End user license fees are non-refundable except as provided in Section 7 above, or in the Specific Software Terms below, and shall be paid without deduction, including without limitation, of any withholding tax. End user license fees are exclusive of any applicable transportation charges, value adde d and other applicable taxes and duties and all such amounts shall be paid or reimbursed by Licensee. Late payments shall accrue interest at the rate of 1.5% per month compounded or, if lower, the maximum rate allowed by law.
Notice to U.S. Government End Users. The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Software as are granted to all other end users under this XXXX, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Notice to U.S. Government End Users. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users shall acquire the Software with only those rights set forth herein. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE BOUND BY ANY OTHER STATEMENTS OR REPRESENTATIONS THAT ARE INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. NO AMENDMENT TO THIS AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED BY PROPERLY AUTHORIZED REPRESENTATIVES OF EACH PARTY. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT. Conventions used in this document In this document several conventions for source code, filenames, application names, commands and user input are used: Source code is printed like this. Default terms in source code examples, which has to be adapted by users, are printed the same but in brackets, like [this] Filenames and folder names are printed like this. Commands are printed like this. Commands that have to be executed as root are preceded by a ‘#’ character. Commands that can be executed as user are preceded by a ‘$’ character. Application names are printed like this. In this Document the word 'driver' is used as a summarizing term for PPD files, a set of a PPD file and a filter or other driver related files. It is used whenever the exact type of driver does not matter.
Notice to U.S. Government End Users. The Software is provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government of the Software is subject to restrictions as set forth in subdivision subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement, as applicable. The contractor/manufacturer of this Software is SCALABLE Network Technologies, Inc., whose corporate address can be found Section 1.1.
