U.S. Government Contracts. If this order is issued pursuant to a U.S. Government prime or subcontract, the foregoing conditions of sale are hereby modified as required (mandatory flow down only) to include such terms and conditions of the Federal Acquisition Regulations in effect as of the date of order and only as directly applicable based on value of this order.
U.S. Government Contracts. The Software provided under this Agreement is commercial computer software as described in the Department of Defense Federal Acquisition Regulation Supplement (DFARS) 252.227-7014(a)(1) and Federal Acquisition Regulation (FAR) 2.101 (commercial item). If acquired by or on behalf of the Department of Defense (DOD), or any component thereof, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in DFARS 227.7202- 3, Rights in Commercial Computer Software or Commercial Computer Software Documentation. If acquired by or on behalf of any civilian agency or authorized governmental entity, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software.
U.S. Government Contracts. (a) This Article 27 applies only if the Agreement is for the direct or indirect sale to any agency of the U.S. government and/or is funded in whole or in part by any agency of the U.S. government.
U.S. Government Contracts. This Section applies to all acquisitions of the Software by or for the government of the United States of America (“government”) or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement, or other activity with the government. By accepting delivery of the Software, the government hereby agrees that this software qualifies as “commercial” computer software within the meaning of the acquisition regulation(s) applicable to the procurement. The terms and conditions of this Agreement shall pertain to the government’s use and disclosure of the Software and shall supersede any conflicting contractual terms or conditions. If this Agreement fails to meet the government’s needs or is inconsistent in any respect with the federal law of the United States of America, the government agrees to return the Software, unused, to Nuance. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): “Restricted Rights-Use, duplication, and disclosure by the 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 (Oct. 1988).” In the event any of the above referenced agency regulations is amended or replaced, the equivalent successor regulation shall apply instead.
U.S. Government Contracts. This subsection applies when any Software is acquired directly or indirectly by or on behalf of the
U.S. Government Contracts. 20.1. If Buyer is located in the U.S. and the Products or services being acquired hereunder are for ultimate sale to the United States Government, unless otherwise stated, the Product(s) or services being purchased are “commercial items” (48 C.F.R. §52.202-1) under the Federal Acquisition Regulation (“FAR”). Accordingly, the following FAR clauses set forth on Attachment A, and that are asterisked, shall apply to the extent indicated, and only to the extent that Buyer’s contract with its buyer includes such clauses, only if the flow-down of such clauses to Seller for commercial item subcontracts is required by law, and only to the extent consistent with Paragraph 20.2 below. If the Product(s) or services are not a commercial item, the following FAR and Defense Federal Acquisition Regulation Supplement (“DFARS”) clauses set forth in Attachment A are incorporated by reference, but only to the extent that Buyer’s contract with its buyer includes such clauses, and only if the flow-down of such clauses to Seller is required by law. Except as otherwise noted, where the terms “Contracting Officer” and “Contractor” appear in the text of the clauses, such terms shall mean the “Buyer” and “Seller” respectively. References in the clauses to the “Government” shall remain as stated. All references in such clauses to “Contract” shall mean the terms and conditions set forth in these Terms. Under no circumstances, however, will Buyer have access to confidential or proprietary information of the Seller.
U.S. Government Contracts. Unless authorized by Adobe in advance and in writing, Reseller is not permitted to resell Software Products or provide related services or support through any U.S. Government purchasing vehicle, including (but not limited to): GSA Schedule, SEWP IV, State- wide Purchasing Contracts, Government Wide Acquisition Contracts (GWACs), Blanket Purchase Agreements (BPAs), Indefinite Quantity Indefinite Delivery (IDIQ) contracts or any purchasing mechanisms which obligate government funds. Reseller is specifically precluded from modifying identified Adobe products, including but not limited to Software Products, onto such purchasing vehicles. To secure Adobe authorization for amendment or submission of Adobe products onto a U.S. Government purchasing vehicle, a written request must be sent to the Government Channels Operations Manager. Such request will include the following information at a minimum:
U.S. Government Contracts. Buyer is not a contractor, or subcontractor at any tier, for the direct or indirect sale to any agency of the U.S. Government, and/or is funded in whole or in part by any agency of the U.S. Government.
U.S. Government Contracts. In the event the goods furnished hereunder are used in the performance of a U.S. Government contract or subcontract, the Government procurement regulation clauses required to be passed on to subcontractors are excluded from this agreement unless separately agreed to in writing by Seller. In no event shall Government clauses regarding "Rights in Data" or "Subcontractor Cost and Pricing Data" be incorporated herein.
U.S. Government Contracts. If Buyer intends to use Products in the performance of a U.S. Government contract or subcontract where Federal Acquisition Regulations, Defense Federal Acquisition Regulations Supplements, or other applicable government procurement rules or regulations (collectively, “Government Procurement Regulations”) will apply, Buyer will inform OSL in writing of each applicable Government Procurement Regulation before Buyer submits an applicable purchase order for the Product. Unless otherwise agreed upon in writing and signed by OSL, (i) no Government Procurement Regulations will apply, (ii) OSL will not provide certified cost or pricing data, and (iii) Cost Accounting Standards, Defective Pricing, and Audit requirements will not apply.
