Common use of COMMERCIAL COMPUTER SOFTWARE Clause in Contracts

COMMERCIAL COMPUTER SOFTWARE. To the extent that Seller provides any of its commercial computer software under this Contract, Seller’s normal commercial license terms shall govern the end user’s use of such commercial items, except to the extent that such normal commercial terms conflict or are inconsistent with applicable federal law or regulation. In the case of any conflict or inconsistency, the applicable federal law or regulation shall take precedence. Seller agrees that the applicability of its commercial terms is contingent upon Xxxxx’s customer’s acceptance of the commercial computer software and its accompanying commercial items terms or license. Unless the Performance Work Statement provides otherwise, only the Buyer’s end-user customer is a party to the Seller’s commercial terms or license. In no event will Buyer be liable for an end-user customer breach of Seller’s commercial terms or license. The license to Buyer set forth in paragraph (iii) shall apply to commercial computer software, without additional cost and whether or not Buyer is a party to Seller’s commercial terms, to the extent necessary to provide Buyer with rights necessary to perform the requirements of its prime or higher-tier contracts in connection with this Contract.

COMMERCIAL COMPUTER SOFTWARE. To the extent that Seller provides any of its commercial computer software under this ContractOrder, Seller’s normal commercial license terms shall govern the end user’s use of such commercial items, except to the extent that such normal commercial terms conflict or are inconsistent with applicable federal law or regulation. In the case of any conflict or inconsistency, the applicable federal law or regulation shall take precedence. Seller agrees that the applicability of its commercial terms is contingent upon XxxxxBuyer’s customer’s acceptance of the commercial computer software and its accompanying commercial items terms or license. Unless the Performance Statement of Work Statement provides otherwise, only the Buyer’s end-user customer is a party to the Seller’s commercial terms or license. In no event will Buyer be liable for an end-user customer breach of Seller’s commercial terms or license. The license to Buyer set forth in paragraph (iiid) shall apply to commercial computer software, without additional cost and whether or not Buyer is a party to Seller’s commercial terms, to the extent necessary to provide Buyer with rights necessary to perform the requirements of its prime or higher-tier contracts in connection with this ContractOrder.

COMMERCIAL COMPUTER SOFTWARE. To the extent that Seller provides any of its commercial computer software under this Contract, Seller’s normal commercial license terms shall govern the end user’s use of such commercial itemssoftware, except to the extent that such normal commercial terms conflict or are inconsistent with applicable federal law or regulation. In the case of any conflict or inconsistency, the applicable federal law or regulation shall take precedence. Seller agrees that the applicability of its commercial terms is contingent upon Xxxxx’s customer’s acceptance of the commercial computer software and its accompanying commercial items terms or license. Unless the Performance Work Statement provides otherwise, only the Buyer’s end-end- user customer is a party to the Seller’s commercial terms or license. In no event will Buyer be liable for an end-user customer breach of Seller’s commercial terms or license. The license to Buyer set forth in paragraph (iii) section AA shall apply to commercial computer software, without additional cost and whether or not Buyer is a party to Seller’s commercial terms, to the extent necessary to provide Buyer with rights necessary to perform the requirements of its prime or higher-tier contracts in connection with this Contract.