Common use of U.S. Government Contracting Clause in Contracts

U.S. Government Contracting. If the Software or Services are being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then, as a commercial items, the Government’s rights in the Software, Services and Documentation will be only as set forth: (i) in this Agreement or (ii) as provided in FAR 12.212 (Computer Software) and (for Department of Defense use or disclosure) DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation), whichever set of rights provided for in (i) or (ii) are the more restrictive. Customer shall be responsible for ensuring that this provision is included in all agreements wi8th the United States Government and that the Software, when delivered to the United States Government, is correctly marked as required by applicable United States Government regulations governing such restricted rights as of such delivery.