US Government (for US only) Sample Clauses

US Government (for US only). If Customer are a unit or agency of the United States and/or any of its instrumentalities (“Government”) or when the eGain Offering is used for the benefit of a unit or an agency of the Government, this provision applies: The eGain Offering shall be deemed “commercial computer software” and “commercial computer software documentation” pursuant to DFAR Section 227.7202 and FAR Section 12.212 (and any successor sections). The use of the eGain Offering including, but not limited to, its reproduction and display, by the Government, shall be governed by this Agreement. Under no circumstances shall eGain be obligated to comply with any Government requirements regarding cost or pricing data or cost accounting requirements. For any of Customer’s use of the eGain Offering that would require compliance by eGain with such Government requirements or in any manner affect eGain’s rights in the eGain Offering, Customer must notify eGain of such Government requirement and obtain a waiver or exemption from such requirements for the benefit of eGain before any Government access to the eGain Offering. Exhibit A STANDARD CLOUD SERVICE FEATURES • 99.5% production uptime SLA and associated maintenance and support for the Cloud Services as described in the Cloud Support Policy (and subject to the limitations and requirements set forth in the Cloud Support Policy) • HTTPS connectivity to eGain Cloud Services • Data at rest on self-encrypting drives • Disaster recovery o Eight (8) hours of Recovery Point Objective (RPO) o Seventy-two (72) hours of Recovery Time Objective (RTO) • Up to ten (10) gigabytes (GB) of storage for Customer’s operational, configuration, reporting, and analytics data for every US$1,000 (or its equivalent in the local currency of the applicable Order converted in accordance with the exchange rates provided in eGain’s then-current price list) of the monthly Cloud Services fees paid by Customer under an Order. * Note that eGain does not retain Customer’s analytics data in eGain’s Cloud Services for more than thirteen (13) months during any Cloud Term. Exhibit B EXPERT SERVICES eGain offers the following Expert Services which Customer may purchase in an Order. Notwithstanding anything contained in the Agreement, eGain reserves the right to modify, add to, or discontinue any of these Expert Services at its sole discretion (except that no such modifications will apply to any Expert Services already purchased by Customer in an Order):
Sample 1
AutoNDA by SimpleDocs
US Government (for US only). If Customer are a unit or agency of the United States and/or any of its instrumentalities (“Government”) or when the eGain Offering is used for the benefit of a unit or an agency of the Government, this provision applies: The eGain Offering shall be deemed “commercial computer software” and “commercial computer software documentation” pursuant to DFAR Section 227.7202 and FAR Section 12.212 (and any successor sections). The use of the eGain Offering including, but not limited to, its reproduction and display, by the Government, shall be governed by this XXXX. Under no circumstances shall eGain be obligated to comply with any Government requirements regarding cost or pricing data or cost accounting requirements. For any of Customer’s use of the eGain Offering that would require compliance by eGain with such Government requirements or in any manner affect eGain’s rights in the eGain Offering, Customer must notify eGain of such Government requirement and obtain a waiver or exemption from such requirements for the benefit of eGain before any Government access to the eGain Offering. Exhibit A
Sample 1

Related to US Government (for US only)

  • U.S. Government Users The Software is commercial computer software and commercial computer software documentation within the meaning of the applicable acquisition regulations. If acquired by or on behalf of a civilian agency of the United States government, the Software will be subject to terms of this Agreement as a “license customarily provided to the public” as specified in 48 C.F.R. ch. 1 Part 12.212 of the Federal Acquisition Regulations and its successors. If acquired by or on behalf of units of the Department of Defense, it will be subject to the terms of this Agreement as a “license customarily provided to the public “as specified in 48 C.F.R. ch. 1 Part 227.7202, DFAR Supplement and its successors. If Spirent receives a request from any Customer agency of the U.S. Government to provide Software with rights beyond those stated above, Spirent will promptly, in its sole discretion, accept or reject such request.

  • U.S. Government End Users The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 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 acquire the Software with only those rights set forth herein.

  • U.S. Government Rights The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if the Licensee is the US Government or any contractor therefor, Licensee shall receive only those rights with respect to the Software and Documentation as are granted to all other end users under license, 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 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.

  • U.S. Government Restricted Rights The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

  • Government Use If the Software, Documentation, Materials and any other Licensor services are being or have been acquired with U.S. Federal Government funds, or Customer is an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software or any related documentation of any kind, including technical data, manuals or Materials, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. The Software, Materials, and any Licensor services are COMMERCIAL ITEMS AS DEFINED BY THE FEDERAL ACQUISITION REGULATION. Use of the Software and Materials by the Government is further restricted according to the Agreement and any amendment hereto.

  • Government Programs The Property is subject to the government programs listed below or on the attached exhibit: . Seller shall provide Buyer with copies of all governmental program agreements. Any allocation or proration of payment under governmental programs is made by separate agreement between the parties which will survive closing.

  • GOVERNMENT SERVICE 1. a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State.

  • Government Users If Customer is a U.S. government entity or if this Agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), Customer acknowledges that elements of the Service constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government User as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

  • SUPPLANTING GOVERNMENT FUNDS 18 CONTRACTOR shall not supplant any federal, State, or COUNTY funds intended for the 19 purposes of this Agreement with any funds made available under this Agreement. 20 CONTRACTOR shall not claim reimbursement from COUNTY for, or apply sums received from 21 COUNTY with respect to, that portion of its obligations which have been paid by another source 22 of revenue. CONTRACTOR agrees that it shall not use funds received pursuant to this Agreement, 23 either directly or indirectly, as a contribution or compensation for purposes of obtaining federal, 24 State, or COUNTY funds under any federal, State, or COUNTY program without prior written 25 approval of ADMINISTRATOR.

Time is Money Join Law Insider Premium to draft better contracts faster.