be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be
forfeited.
b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued,
at the prices and terms of Special Item Number 132-34, if the licensee elects to order such services. Title to the software shall
remain with the Contractor.
8. UTILIZATION LIMITATIONS - (SIN 132-32, SIN 132-33, AND SIN 132-34)
a. Software acquisition is limited to commercial computer software defined in FAR Part 2.191.
b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be
subject to the following:
(1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise
specified.
(2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or
independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau,
division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in
the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint
projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other
agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third
parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take
appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third
parties that are permitted access to the computer programs and documentation in connection with the user ordering
activity’s permitted use of the computer programs and documentation. For purposes of this section, all such permitted
third parties shall be deemed agents of the user ordering activity.
3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make
available the software or documentation, or any portion thereof, in any form, to any third party without the prior written
approval of the Contractor, Third parties do not include prime Contractors, subcontractors and agents of the ordering
activity who have the ordering activity's permission to use the licensed software and documentation at the facility. and
who have agreed to use the licensed software and documentation only in accordance with these restrictions. This
provision does not limit the right of the ordering activity to use software, documentation, or information therein, which
the ordering activity may already have or obtains without restrictions,
(4) The ordering activity shall have the right to use the computer software and documentation with the computer for
which it is acquired at any other facility to which that computer may be transferred, or in cases of Disaster Recovery, the
ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is
deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup
computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup
purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software;
and to modify the software and documentation or combine it with other software, provided that the unmodified portions
shall remain subject to these restrictions.
(5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but
the schedule contract and schedule pricelist, including this clause, "Utilization Limitations" are the only governing terms and
conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard
commercial legend.
9, SOFTWARE CONVERSIONS - (SIN 132-32 AND SIN 132-33)
Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made
as the result of a change in operating system , or from one computer system to another. Under a perpetual license (132-33), the
purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term
license (132-32), conversion credits which accrued while the earlier version was under a term license shall carry forward and
remain available as conversion credits which may be applied towards the perpetual license price of the new version.
10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY
The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on
which the software can be used. Also, included shalt! be a brief, introductory explanation of the modules and documentation which
are offered.
11. RIGHT-TO-COPY PRICING
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