Common use of Operating Systems, Applications Software and Utilities Clause in Contracts

Operating Systems, Applications Software and Utilities. Any operating systems and utilities, i.e., compilers utilities, case tools, database managers and other applications enabling software, and any applications software and associated documentation, and utilities used by the Contractor to provide services to the Department under the Contract, but not used exclusively to provide services to the Department shall be: a. Readily commercially available software used without modification by the Contractor. b. Readily commercially available software used with modification owned by the Contractor, which the Contractor agrees to deliver the source code and updated and current documentation, including but not limited to JCL, work flow, product process, applications, and interfaces upon final acceptance and any updates thereto upon termination and to grant to the Department or its designee at no charge a perpetual, irrevocable, fully paid up license to use, reproduce, duplicate and modify the modifications and associated documentation for the sole benefit of the Department. c. Proprietary software that the Contractor has the right to license to the Department and in which the Contractor agrees to deliver the source code and updated and current documentation, including but not limited to JCL, work flow, product process, applications, and interfaces upon final acceptance and any updates thereto upon termination and to grant to the Department or its designee at no charge a perpetual, irrevocable, fully paid-up license to use, reproduce, duplicate and modify such software and associated documentation for the sole benefit of the Department. If the Contractor procures under the Contract a license for operating systems software or utilities to be used solely to perform services for the Department, the Contractor agrees to obtain such license in the name of the Department, if the Department is permitted to grant the Contractor the right to use such software solely to provide services to the Department during the term of the Contract. In such event, the Department agrees to grant to the Contractor, at no charge during the term of the Contract, subject to customary confidentiality and other license terms and conditions, the right to use such software solely to provide services to the Department. The license shall include, but not be limited to: d. All primary systems and support systems; e. All other system instructions for operating systems developed, designed or installed under the Contract; f. All data files; g. All user and operational manuals and other documentation; h. Training programs for the Department or the Department’s agents and employees; i. All performance-enhancing operational plans and products; and j. All specialized or specially modified software and specially developed programs, including utilities, software and documentation that are required for or used in the generation of systems whether obtained, developed or modified in the course of performance of the Contract or before it. This obligation is not subject to limitation in any respect, regardless of whether any part of the system or software is characterized as proprietary or as not paid for under the Contract.