United States Government Customers. The Software and Documentation are each a “Commercial Item” as that term is defined at 48 C.F.R. §2.101 and Jamf licenses them and provides them to U.S. government customers as “Commercial Computer Software” and “Commercial Computer Software Documentation” as those terms are defined at 48 C.F.R. §27.405-3 and 27.404-2(d). If Customer is an agency of the U.S. government, Customer receives only those rights in the Software and Documentation that are granted to all other customers and Users in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to Department of Defense customers and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. government customers and their contractors. If a U.S. government customer seeks greater rights than those granted under this Agreement, then those rights will have to be expressly negotiated and agreed to in writing by the Parties as set forth in the Agreement.
United States Government Customers. If the Software is acquired by or on behalf of a unit or agency of the United States government, the following terms shall apply. Trustwave Software (i) is existing computer software, and was developed at private expense, (ii) is a trade secret of Trustwave for all purposes of the Freedom of Information Act, (iii) is “commercial computer software” subject to limited utilization as expressly stated in this Agreement, and (iv) in all respects is proprietary data belonging to Trustwave. Trustwave reserves all rights to the Software under the copyright law of the United States. For civilian agencies and entities acquiring Software under a GSA Schedule, the Software is licensed only with “Restricted Rights” and use, reproduction or disclosure is subject to restrictions set forth in subparagraph (a) through (d) of the Commercial Computer Software – Restricted Rights clause at 52.227-19 of the Federal Acquisition Regulations and its successors. For units of the United States Department of Defense (“DoD”), the Software is licensed only with “Limited Rights” and use, duplication, or disclosure is subject to restrictions as set forth in subdivision (b)(3) of the Rights in Technical Data and Computer Software clause at 252.227-7013 of the DoD Supplement to the Federal Acquisition Regulations and its successors.
United States Government Customers. If the Software is acquired by or on behalf of a unit or agency of the United States government, the following terms shall apply. Trustwave Software (i) is existing computer software, and was developed at private expense, (ii) is a trade secret of Trustwave for all purposes of the Freedom of Information Act,
United States Government Customers. The Software and its Documentation are “Commercial items,” “Commercial computer software,” and “Computer software documentation” as defined by the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplemental (“DFARS”). Pursuant to FAR 12.211, FAR 12.212, DFARS 227.7202-1 through 227.7202-4, and their successors, the U.S. Government acquires the Software and its documentation subject to the terms of this Agreement.
