As prescribed in 27.409(k), insert the following clause:
COMMERCIAL COMPUTER SOFTWARE--RESTRICTED RIGHTS (JUN 1987)
(a) As used in this clause, 'restricted computer software' means
any computer program, computer data base, or documentation thereof, that
has been developed at private expense and either is a trade secret, is
commercial or financial and confidential or privileged, or is published
and copyrighted.
(b) Notwithstanding any provisions to the contrary contained in any
Contractor's standard commercial license or lease agreement pertaining
to any restricted computer software delivered under this purchase order/
contract, and irrespective of whether any such agreement has been
proposed prior to or after issuance of this purchase order/contract or of
the fact that such agreement may be affixed to or accompany the
restricted computer software upon delivery, vendor agrees that the
Government shall have the rights that are set forth in paragraph (c) of
this clause to use, duplicate or disclose any restricted computer
software delivered under this purchase order/contract. The terms and
provisions of this contract, including any commercial lease or license
agreement, shall comply with Federal laws and the Federal Acquisition
Regulation.
(c)(1) The restricted computer software delivered under this
contract may not be used, reproduced or disclosed by the Government
except as provided in subparagraph (c)(2) of this clause or as
expressly stated otherwise in this contract.
(2) The restricted computer software may be--
(i) Used or copied for use in or with the computer or
computers for which it was acquired, including use at any Government
installation to which such computer of computers may be transferred;
(ii) Used or copies for use in or with backup computer if any
computer for which it was acquired is inoperative;
(iii) Reproduced for safekeeping (archives) or backup
purposes;
(iv) Modified, adapted, or combined with other computer
software provided that the modified, combined, or adapted portions of
the derivative software incorporating any of the delivered, restricted
computer software shall be subject to same restrictions set forth in
this purchase order/contract; and
(v) Used or copied for use in or transferred to a replacement
computer.
(3) If the restricted computer software delivered under this
purchase order/contract is published and copyrighted, it is licensed to
the Government, without disclosure prohibitions, with the rights set
forth in subparagraph (c)(2) of this clause unless expressly stated
otherwise in this purchase order/contract.
(4) To the extent feasible the Contractor shall affix a Notice
substantially as follows to any restricted computer software delivered
under this purchase order/contract; or, if the vendor does not, the
Government has the right to do so: '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 as set forth in
Government Contract (or Purchase Order) No. ______.
(d) If any restricted computer software is delivered under this
contract with the copyright notice of 17 U.S.C. 401, it will be
presumed to be published and copyrighted and licensed to the
Government in accordance with subparagraph (c)(3) of this clause,
unless a statement substantially as follows accompanies such copyright
notice:
'Unpublished - rights reserved under the copyright laws of the
United States'.
(End of clause)
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