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United States Government Users:
The IBM Software is "commercial computer software" as that term is defined in the Federal Acquisition Regulation ("FAR") at FAR 2.101, and is comprised of commercial computer software and commercial computer software documentation. If acquired by or on behalf of a civilian agency, the U.S. Government's rights to use, modify, reproduce, release, perform, display, or disclose this IBM Software is as set forth in the applicable IBM license agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the FAR and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government's rights to use, modify, reproduce, release, perform, display, or disclose this IBM Software and/or commercial computer software documentation is as set forth in the terms of the applicable IBM license agreement as specified in 48 C.F.R. 227.7202-1 through 227.7202-4 of the DOD FAR Supplement ("DFARS") and its successors. This United States Government Users clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-4, is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provisions that addresses Government rights in the IBM Software, computer software documentation or technical data in any agreement under which this IBM Software and commercial computer software documentation is acquired, unless otherwise agreed in writing between the parties.