NASA 1852.227-86 Commercial Computer Software--Licensing. Basic (Apr 2015)

As prescribed in 1827.409(g), the contracting officer shall use the clause at 1852.227-86, Commercial Computer Software License, in lieu of FAR 52.227-19, Commercial Computer Software License, when it is considered appropriate for the acquisition of existing computer software.

COMMERCIAL COMPUTER SOFTWARE LICENSE (APR 2015)

(a) Any delivered commercial computer software (including documentation thereof) developed at private expense and claimed as proprietary shall be subject to the restricted rights in paragraph (d) of this clause. Where the vendor/contractor proposes its standard commercial software license, those applicable portions thereof consistent with Federal laws, standard industry practices, the Federal Acquisition Regulations (FAR) and the NASA FAR Supplement, including the restricted rights in paragraph (d) of this clause, are incorporated into and made a part of this purchase order/contract. Those portions of the vendor’s/contractor’s standard commercial license or lease agreement that conflict with Federal law (e.g., indemnity provisions or choice of law provisions that specify other than Federal law) are not incorporated into and made a part of this purchase order/contract and do not apply to any computer software delivered under this purchase order/contract.

(b) If the vendor/contractor does not propose its standard commercial software license until after this purchase order/contract has been issued, or until at or after the time the computer software is delivered, such license shall nevertheless be deemed incorporated into and made a part of this purchase order/contract under the same terms and conditions as in paragraph (a) of this clause. For purposes of receiving updates, correction notices, consultation, and similar activities on the computer software, no document associated with the aforementioned activities shall alter the terms of this clause unless such document explicitly references this clause and an intent to amend this clause and is signed by the NASA Contracting Officer.

(c) The vendor's/contractor's acceptance is expressly limited to the terms and conditions of this purchase order/contract. If the specified computer software is shipped or delivered to NASA, it shall be understood that the vendor/contractor has unconditionally accepted the terms and conditions set forth in this clause, and that such terms and conditions (including the incorporated license) constitute the entire agreement between the parties concerning rights in the computer software.

(d) The following restricted rights shall apply:

    (1) The commercial computer software may not be used, reproduced, or disclosed by the Government, or Government contractors or their subcontractors at any tier, except as provided below or otherwise expressly stated in the purchase order/contract.

    (2) The commercial computer software may be—

        (i) Used, or copied for use, in or with any computer owned or leased by, or on behalf of, the Government; provided, the software is not used, nor copied for use, in or with more than one computer simultaneously, unless otherwise permitted by the license incorporated under paragraphs (a) or (b) of this clause;

        (ii) Reproduced for safekeeping (archives) or backup purposes;

        (iii) Modified, adapted, or combined with other computer software, provided that the modified, combined, or adapted portions of the derivative software incorporating restricted computer software shall be subject to the same restricted rights; and

        (iv) Disclosed and reproduced for use by Government contractors or their subcontractors in accordance with the restricted rights in subparagraphs (d)(2)(i), (ii), and (iii) of this clause; provided they have the Government's permission to use the computer software and have also agreed to protect the computer software from unauthorized use and disclosure.

    (3) If the incorporated vendor's/contractor's software license contains provisions or rights that are less restrictive than the restricted rights in paragraph (d)(2) of this clause, then the less restrictive provisions or rights shall prevail.

    (4) If the computer software is otherwise available without disclosure restrictions, it is licensed to the Government, without disclosure restrictions, with the rights in paragraphs (d)(2) and (3) of this clause.

    (5) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract:

Notice – Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are set forth in Government Contract No. ______________.

(End of clause)
 

NONE, but (d), the following restricted rights shall apply: (1) The commercial computer software may not be used, reproduced, or disclosed by the Government, or Government contractors or their subcontractors at any tier, except as provided below or otherwise expressly stated in the purchase order/contract.

✔ >52.227-19 Basic

52.212-4 Contract Terms and Conditions—Commercial Items.

52.227-17 Rights in Data—Special Works.

52.227-18 Rights in Data—Existing Works.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

52.227-3 Patent Indemnity.

52.227-4 Patent Indemnity—Construction Contracts.

52.227-5 Waiver of Indemnity.

52.228-8 Liability and Insurance—Leased Motor Vehicles.

52.236-10 Operations and Storage Areas.

52.237-7 Indemnification and Medical Liability Insurance.

52.247-21 Contractor Liability for Personal Injury and/or Property Damage.

52.247-23 Contractor Liability for Loss of and/or Damage to Household Goods.

52.250-1 Indemnification Under Public Law 85-804.

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

252.217-7012 Liability and Insurance.

252.222-7002 Compliance with Local Labor Laws (Overseas).

252.227-7001 Release of Past Infringement.

252.227-7020 Rights in Special Works.

252.227-7021 Rights in Data--Existing Works.

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

252.228-7006 Compliance with Spanish Laws and Insurance.

252.235-7000 Indemnification Under 10 U.S.C. 2354--Fixed Price.

252.235-7001 Indemnification Under 10 U.S.C. 2354--Cost Reimbursement.

252.237-7014 Loss or Damage (Count-of-Articles).

252.237-7015 Loss or Damage (Weight of Articles).

252.247-7016 Contractor Liability for Loss or Damage.

1852.227-88 Government-furnished computer software and related technical data.

1852.245-72 Liability for Government property furnished for repair or other services.

3052.217-95 Liability and insurance (USCG).

3052.228-93 Risk and indemnities (USCG).

5352.228-9101 Insurance Certificate Requirement in Spain (USAFE)

5152.228-5900 Government Liability for Non-Tactical Vehicles

552.232-78 Commercial Supplier Agreements –Unenforceable Clauses.

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