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Can a Commercial Software License Be Valid and Enforceable When It’s Not Included in Your Government Contract?

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Joseph Petrillo

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Software manufacturer CiyaSoft recently appealed to the Armed Services Board of Contract Appeals (ABSCA) when the Army violated the terms of their commercial software license. The Army countered that the licensing agreement, which had been shipped with the CD-ROMs containing the software, was not included in the contract. Ultimately, the Board drew upon provisions in the FAR to inform their ruling in favor of the contractor. Software manufacturers who use shrink-wrap or click-on licensing agreements and hold contracts with the Federal Government will want to read on to learn about the implications of this ruling. 

Read the full article at Petrillo Powell's blog. 

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