commonform.org / kemitchell / opl-style-government-terms / 1e1d
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Contents

  1. Government Terms
    1. Commercial Item
    2. No Sovereign Immunity
    3. Choice of Law and Venue
    4. Supremacy

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Government Terms

Commercial Item

The Covered 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 Covered Software with only those rights set forth herein.

No Sovereign Immunity

The U.S. federal government and states that use or distribute Covered Software hereby waive their sovereign immunity with respect to enforcement of the provisions of this License.

Choice of Law and Venue

If You are a government of a state of the United States, or Your use of the Covered Software is pursuant to a procurement contract with such a state government, this License shall be governed by the law of such state, excluding its conflict-of-law provisions, and the adjudication of disputes relating to this License will be subject to the exclusive jurisdiction of the state and federal courts located in such state.

If You are an agency of the United States federal government, or Your use of the Covered Software is pursuant to a procurement contract with such an agency, this License shall be governed by federal law for all purposes, and the adjudication of disputes relating to this License will be subject to the exclusive jurisdiction of the federal courts located in Washington, D.C.

Supremacy

Government Terms is in lieu of, and supersedes, any other Federal Acquisition Regulation, Defense Federal Acquisition Regulation, or other clause or provision that addresses government rights in computer software under this License.