C.F.R. » Title 48 » CHAPTER 2—DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE › SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS › PART 227—PATENTS, DATA, AND COPYRIGHTS › Subpart 227.72—Computer Software, Computer Software Documentation, and Associated Rights

48 C.F.R. § 227.7202-3

227.7202-3 Rights in commercial computer software or commercial computer software documentation.

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(a) The Government shall have only the rights specified in the license under which the commercial computer software or commercial computer software documentation was obtained.

(b) If the Government has a need for rights not conveyed under the license customarily provided to the public, the Government must negotiate with the contractor to determine if there are acceptable terms for transferring such rights. The specific rights granted to the Government shall be enumerated in the contract license agreement or an addendum thereto.

Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Globeranger Corp. v. Software AG United States of America, Inc.
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Globeranger Corp. v. Software AG United States of America, Inc. (2016) ca5 “48 C.F.R. § 227.7202-3 (b). The terms of GlobeRanger’s general license, like those of most software companies, do not allow the end user to copy or distribute its product.”
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