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Government Contracts Software License Agreement Toolkit
Practical Law Toolkit w-023-7229 (Approx. 4 pages)
Government Contracts Software License Agreement Toolkit
by Practical Law Government Practice
| Maintained • USA (National/Federal) |
A collection of resources to help federal government attorneys review and negotiate commercial software license agreements (also referred to as End User Licensing Agreements (EULA) or Terms of Service (TOS)). This Toolkit includes resources that discuss requirements under the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS), explain the most common terms and conditions that conflict with federal law, and provide language that can be used in place of commercial clauses.
Federal government agencies often acquire computer software and related services through commercial item acquisitions. Agencies often use license agreements for these transactions that set out the terms and conditions for the use of the software or service. Agency counsel typically review these license agreements when purchasing commercial software. The contractor requests agreement with the license's terms and conditions, many of which conflict with federal law.
This Toolkit contains resources that provide practical guidance to an agency attorney for reviewing a commercial software license agreement. The resources in the Toolkit also provide key considerations for negotiating, removal, or redrafting the provisions commonly included in commercial software license agreements.