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Terms and Conditions

Pursuant to General Services Administration (GSA) Federal Supply Services (FSS) Contract Number GS-35F-4153D, ID agrees to the following terms of a Blanket Purchase Agreement (BPA) with the Air Force’s 754th Electronic System Group.   All orders placed against this BPA are subject to the terms and conditions of the FSS Contract.  The items on this BPA are set forth in Attachment 1.  License terms and conditions applicable to products acquired under this BPA are defined in the Credant Technologies License Agreement included as Attachment 2.  The Order of Precedence for resolving any inconsistency shall be first, the terms of this BPA, and second, the GSA Schedule contract including the order of precedence provision of the clause at FAR 52.212-4.  The Order of Precedence for resolving any inconsistency between the Commercial License and the GSA contract terms shall be as specified in the GSA contract’s Commercial Item clause, FAR 52.212-4, and the provisions of FAR 52.212-4 specified in FAR 12.302, as required by Federal law, shall prevail over any terms of the commercial license.

License Agreement.  Software licenses purchased under this BPA are subject to the licensing provisions and the terms of the GSA Contract, except that notwithstanding any provision to the contrary, licenses are transferable within an acquiring agency, subject only to necessary administrative procedures; and with prior approval of the licensor also transferable among other authorized users in paragraph B.1, which approval shall not be unreasonably withheld.  Any delivery order issued hereunder will serve as proof of purchase.  Upon validation and receipt of software, customers will be provided an electronic version of the license agreement.  The Order of Precedence for resolving any inconsistency between the Attachment 2 Commercial License, the BPA and the GSA contract terms shall be first, the terms of this BPA, and second, the GSA Schedule contract including the order of precedence provision of the Commercial Item clause at FAR 52.212-4.  FAR 52.212-4, and the provisions of FAR 52.212-4 specified in FAR 12.302, as required by Federal law, shall prevail over any terms of the commercial license. 

 

 

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