Commercial Computer Software License
FAR 52.227-19 ensures the Government receives specific, non-negotiable rights to use, duplicate, and disclose commercial computer software, overriding standard commercial license restrictions.
Overview
FAR 52.227-19 establishes the minimum rights the U.S. Government obtains when acquiring commercial computer software under a federal contract. This clause overrides any conflicting terms in the contractor’s standard commercial license, ensuring that the Government receives specific rights to use, duplicate, and disclose the software as outlined in the regulation. The clause mandates compliance with federal law and the FAR, and it details the permitted uses, including installation, backup, modification, and use by support contractors. If the software is available to the public without disclosure restrictions, the Government receives it on the same terms. Contractors must also affix a specific notice to all delivered software, clarifying the Government’s rights under the contract.
Key Rules
- Government Rights Supersede Standard Licenses
- The Government’s rights to use, duplicate, and disclose software are defined by this clause, not by the contractor’s standard license terms.
- Permitted Uses by the Government
- The Government may use, copy, back up, modify, and disclose the software within specified limits, including use by support contractors and on replacement or backup computers.
- Notice Requirement
- Contractors must attach a specific notice to all delivered software, stating the Government’s rights under the contract.
Responsibilities
- Contracting Officers: Ensure the clause is included in applicable contracts and that delivered software bears the required notice.
- Contractors: Comply with the Government’s rights as specified, and affix the required notice to all delivered software.
- Agencies: Oversee compliance and resolve any disputes regarding software rights.
Practical Implications
- This clause ensures the Government is not restricted by standard commercial software licenses and can use the software as needed for its operations. Contractors must be aware that their usual license restrictions do not apply to the Government, and failure to affix the required notice or comply with these terms can result in contractual issues or disputes.