252.227-7014 Rights in Other Than

Commercial Computer Software and Other

Than Commercial Computer Software

Documentation.

As prescribed in 227.7203-6 (a)(1), use the following clause:

RIGHTS IN OTHER THAN COMMERCIAL COMPUTER SOFTWARE AND OTHER THAN

COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (MAR 2023)

(a) Definitions. As used in this clause—

(1) “Commercial computer software” means software developed or regularly used for nongovernmental purposes which—

(i) Has been sold, leased, or licensed to the public;

(ii) Has been offered for sale, lease, or license to the public;

(iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercial

sale, lease, or license in time to satisfy the delivery requirements of this contract; or

(iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would require

only minor modification to meet the requirements of this contract.

(2) “Computer database” means a collection of recorded data in a form capable of being processed

by a computer. The term does not include computer software.

(3) “Computer program” means a set of instructions, rules, or routines, recorded in a form that is

capable of causing a computer to perform a specific operation or series of operations.

(4) “Computer software” means computer programs, source code, source code listings, object code

listings, design details, algorithms, processes, flow charts, formulae, and related material that would

enable the software to be reproduced, recreated, or recompiled. Computer software does not include

computer databases or computer software documentation.

(5) “Computer software documentation” means owner's manuals, user's manuals, installation

instructions, operating instructions, and other similar items, regardless of storage medium, that

explain the capabilities of the computer software or provide instructions for using the software.

(6) "Covered Government support contractor" means a contractor (other than a litigation support

contractor covered by 252.204-7014 ) under a contract, the primary purpose of which is to furnish

independent and impartial advice or technical assistance directly to the Government in support of

the Government’s management and oversight of a program or effort (rather than to directly furnish

an end item or service to accomplish a program or effort), provided that the contractor—

(i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or

with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing
end items or services of the type developed or produced on the program or effort; and

(ii) Receives access to technical data or computer software for performance of a Government

contract that contains the clause at 252.227-7025 , Limitations on the Use or Disclosure of

Government-Furnished Information Marked with Restrictive Legends.

(7) “Developed” means that—

(i) A computer program has been successfully operated in a computer and tested to the extent

sufficient to demonstrate to reasonable persons skilled in the art that the program can reasonably be

expected to perform its intended purpose;

(ii) Computer software, other than computer programs, has been tested or analyzed to the extent

sufficient to demonstrate to reasonable persons skilled in the art that the software can reasonably be

expected to perform its intended purpose; or

(iii) Computer software documentation required to be delivered under a contract has been written,

in any medium, in sufficient detail to comply with requirements under that contract.

(8) “Developed exclusively at private expense” means development was accomplished entirely with

costs charged to indirect cost pools, costs not allocated to a government contract, or any

combination thereof.

(i) Private expense determinations should be made at the lowest practicable level.

(ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price

of the contract, the additional development costs necessary to complete development shall not be

considered when determining whether development was at government, private, or mixed expense.

(9) “Developed exclusively with government funds” means development was not accomplished

exclusively or partially at private expense.

(10) “Developed with mixed funding” means development was accomplished partially with costs

charged to indirect cost pools and/or costs not allocated to a government contract, and partially with

costs charged directly to a government contract.

(11) “Government purpose” means any activity in which the United States Government is a party,

including cooperative agreements with international or multi-national defense organizations or sales

or transfers by the United States Government to foreign governments or international organizations.

Government purposes include competitive procurement, but do not include the rights to use, modify,

reproduce, release, perform, display, or disclose computer software or computer software

documentation for commercial purposes or authorize others to do so.

(12) “Government purpose rights” means the rights to—

(i) Use, modify, reproduce, release, perform, display, or disclose computer software or computer

software documentation within the Government without restriction; and

(ii) Release or disclose computer software or computer software documentation outside the

Government and authorize persons to whom release or disclosure has been made to use, modify,

reproduce, release, perform, display, or disclose the software or documentation for United States

government purposes.
(13) “Minor modification” means a modification that does not significantly alter the

nongovernmental function or purpose of the software or is of the type customarily provided in the

commercial marketplace.

(14) “Other than commercial computer software” means software that does not qualify as

commercial computer software under the definition of “commercial computer software” of this

clause.

(15) “Restricted rights” apply only to other than commercial computer software and mean the

Government's rights to—

(i) Use a computer program with one computer at one time. The program may not be accessed by

more than one terminal or central processing unit or time shared unless otherwise permitted by this

contract;

(ii) Transfer a computer program to another Government agency without the further permission of

the Contractor if the transferor destroys all copies of the program and related computer software

documentation in its possession and notifies the licensor of the transfer. Transferred programs

remain subject to the provisions of this clause;

(iii) Make a reasonable number of copies of the computer software required for the purposes of

safekeeping (archive), backup, or modification, or other activities authorized in paragraphs

(a)(15)(i), (ii), and (iv) through (vii) of this clause;

(iv) Modify computer software provided that the Government may—

(A) Use the modified software only as provided in paragraphs (a)(15)(i) and (iii) of this clause; and

(B) Not release or disclose the modified software except as provided in paragraphs (a)(15)(ii), (v),

(vi) and (vii) of this clause;

(v) Use, and permit contractors or subcontractors performing service contracts (see 37.101 of the

Federal Acquisition Regulation) in support of this or a related contract to use computer software to

diagnose and correct deficiencies in a computer program, to modify computer software to enable a

computer program to be combined with, adapted to, or merged with other computer programs or

when necessary to respond to urgent tactical situations, provided that—

(A) The Government notifies the party which has granted restricted rights that any such release or

disclosure to particular contractors or subcontractors was made;

(B) Such contractors or subcontractors are subject to the use and nondisclosure agreement at

227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS) or are Government

contractors receiving access to the software for performance of a Government contract that contains

the clause at DFARS 252.227-7025 , Limitations on the Use or Disclosure of Government-Furnished

Information Marked with Restrictive Legends;

(C) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer

the software, or use software decompiled, disassembled, or reverse engineered by the Government

pursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and

(D) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause;

(vi) Use, and permit contractors or subcontractors performing emergency repairs or overhaul of
items or components of items procured under this or a related contract to use, the computer

software when necessary to perform the emergency repairs or overhaul, or to modify the computer

software to reflect the repairs or overhaul made, provided that—

(A) The intended recipient is subject to the use and nondisclosure agreement at DFARS 227.7103-7

or is a Government contractor receiving access to the software for performance of a Government

contract that contains the clause at DFARS 252.227-7025 , Limitations on the Use or Disclosure of

Government-Furnished Information Marked with Restrictive Legends;

(B) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer

the software, or use software decompiled, disassembled, or reverse engineered by the Government

pursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and

(C) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause; and

(vii) Use, modify, reproduce, perform, display, or release or disclose computer software to a person

authorized to receive restricted rights computer software for management and oversight of a

program or effort, and permit covered Government support contractors in the performance of

covered Government support contracts that contain the clause at 252.227-7025 , Limitations on the

Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends, to use,

modify, reproduce, perform, display, or release or disclose the computer software to a person

authorized to receive restricted rights computer software, provided that—

(A) The Government shall not permit the covered Government support contractor to decompile,

disassemble, or reverse engineer the software, or use software decompiled, disassembled, or reverse

engineered by the Government pursuant to paragraph (a)(15)(iv) of this clause, for any other

purpose; and

(B) Such use is subject to the limitations in paragraphs (a)(15)(i) through (iv) of this clause.

(16) “Unlimited rights” means rights to use, modify, reproduce, release, perform, display, or disclose

computer software or computer software documentation in whole or in part, in any manner and for

any purpose whatsoever, and to have or authorize others to do so.

(b) Rights in computer software or computer software documentation. The Contractor grants or shall

obtain for the Government the following royalty free, worldwide, nonexclusive, irrevocable license

rights in other than commercial computer software or computer software documentation. All rights

not granted to the Government are retained by the Contractor.

(1) Unlimited rights. The Government shall have unlimited rights in—

(i) Computer software developed exclusively with Government funds;

(ii) Computer software documentation required to be delivered under this contract;

(iii) Corrections or changes to computer software or computer software documentation furnished to

the Contractor by the Government;

(iv) Computer software or computer software documentation that is otherwise publicly available or

has been released or disclosed by the Contractor or subcontractor without restriction on further use,

release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other

assignment of interest in the software to another party or the sale or transfer of some or all of a

business entity or its assets to another party;
(v) Computer software or computer software documentation obtained with unlimited rights under

another Government contract or as a result of negotiations; or

(vi) Computer software or computer software documentation furnished to the Government, under

this or any other Government contract or subcontract thereunder with—

(A) Restricted rights in computer software, limited rights in technical data, or government purpose

license rights and the restrictive conditions have expired; or

(B) Government purpose rights and the Contractor's exclusive right to use such software or

documentation for commercial purposes has expired.

(2) Government purpose rights.

(i) Except as provided in paragraph (b)(1) of this clause, the Government shall have government

purpose rights in computer software developed with mixed funding.

(ii) Government purpose rights shall remain in effect for a period of five years unless a different

period has been negotiated. Upon expiration of the five-year or other negotiated period, the

Government shall have unlimited rights in the computer software or computer software

documentation. The government purpose rights period shall commence upon execution of the

contract, subcontract, letter contract (or similar contractual instrument), contract modification, or

option exercise that required development of the computer software.

(iii) The Government shall not release or disclose computer software in which it has government

purpose rights to any other person unless—

(A) Prior to release or disclosure, the intended recipient is subject to the use and non-disclosure

agreement at DFARS 227.7103-7 ; or

(B) The recipient is a Government contractor receiving access to the software or documentation for

performance of a Government contract that contains the clause at DFARS 252.227-7025 ,

Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive

Legends.

(3) Restricted rights.

(i) The Government shall have restricted rights in other than commercial computer software

required to be delivered or otherwise provided to the Government under this contract that were

developed exclusively at private expense.

(ii) The Contractor, its subcontractors, or suppliers are not required to provide the Government

additional rights in other than commercial computer software delivered or otherwise provided to the

Government with restricted rights. However, if the Government desires to obtain additional rights in

such software, the Contractor agrees to promptly enter into negotiations with the Contracting

Officer to determine whether there are acceptable terms for transferring such rights. All other than

commercial computer software in which the Contractor has granted the Government additional

rights shall be listed or described in a license agreement made part of the contract (see paragraph

(b)(4) of this clause). The license shall enumerate the additional rights granted the Government.

(iii) The Contractor acknowledges that—

(A) Restricted rights computer software is authorized to be released or disclosed to covered
Government support contractors;

(B) The Contractor will be notified of such release or disclosure;

(C) The Contractor (or the party asserting restrictions, as identified in the restricted rights legend)

may require each such covered Government support contractor to enter into a non-disclosure

agreement directly with the Contractor (or the party asserting restrictions) regarding the covered

Government support contractor’s use of such software, or alternatively, that the Contractor (or party

asserting restrictions) may waive in writing the requirement for a non-disclosure agreement; and

(D) Any such non-disclosure agreement shall address the restrictions on the covered Government

support contractor's use of the restricted rights software as set forth in the clause at 252.227-7025 ,

Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive

Legends. The non-disclosure agreement shall not include any additional terms and conditions unless

mutually agreed to by the parties to the non-disclosure agreement.

(4) Specifically negotiated license rights.

(i) The standard license rights granted to the Government under paragraphs (b)(1) through (b)(3) of

this clause, including the period during which the Government shall have government purpose rights

in computer software, may be modified by mutual agreement to provide such rights as the parties

consider appropriate but shall not provide the Government lesser rights in computer software than

are enumerated in the definition of “restricted rights” of this clause or lesser rights in computer

software documentation than are enumerated in paragraph (a)(14) of the Rights in Technical

Data—Other Than Commercial Products and Commercial Services clause of this contract.

(ii) Any rights so negotiated shall be identified in a license agreement made part of this contract.

(5) Prior government rights. Computer software or computer software documentation that will be

delivered, furnished, or otherwise provided to the Government under this contract, in which the

Government has previously obtained rights shall be delivered, furnished, or provided with the preexisting rights, unless—

(i) The parties have agreed otherwise; or

(ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform, display,

or disclose the data have expired or no longer apply.

(6) Release from liability. The Contractor agrees to release the Government from liability for any

release or disclosure of computer software made in accordance with paragraph (a)(15) or (b)(2)(iii)

of this clause, in accordance with the terms of a license negotiated under paragraph (b)(4) of this

clause, or by others to whom the recipient has released or disclosed the software, and to seek relief

solely from the party who has improperly used, modified, reproduced, released, performed,

displayed, or disclosed Contractor software marked with restrictive legends.

(c) Rights in derivative computer software or computer software documentation. The Government

shall retain its rights in the unchanged portions of any computer software or computer software

documentation delivered under this contract that the Contractor uses to prepare, or includes in,

derivative computer software or computer software documentation.

(d) Third party copyrighted computer software or computer software documentation. The Contractor

shall not, without the written approval of the Contracting Officer, incorporate any copyrighted

computer software or computer software documentation in the software or documentation to be
delivered under this contract unless the Contractor is the copyright owner or has obtained for the

Government the license rights necessary to perfect a license or licenses in the deliverable software

or documentation of the appropriate scope set forth in paragraph (b) of this clause, and prior to

delivery of such—

(1) Computer software, has provided a statement of the license rights obtained in a form acceptable

to the Contracting Officer; or

(2) Computer software documentation, has affixed to the transmittal document a statement of the

license rights obtained.

(e) Identification and delivery of computer software and computer software documentation to be

furnished with restrictions on use, release, or disclosure.

(1) This paragraph does not apply to restrictions based solely on copyright.

(2) Except as provided in paragraph (e)(3) of this clause, computer software that the Contractor

asserts should be furnished to the Government with restrictions on use, release, or disclosure is

identified in an attachment to this contract (the Attachment). The Contractor shall not deliver any

software with restrictive markings unless the software is listed on the Attachment.

(3) In addition to the assertions made in the Attachment, other assertions may be identified after

award when based on new information or inadvertent omissions unless the inadvertent omissions

would have materially affected the source selection decision. Such identification and assertion shall

be submitted to the Contracting Officer as soon as practicable prior to the scheduled date for

delivery of the software, in the following format, and signed by an official authorized to contractually

obligate the Contractor:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of

Computer Software.

The Contractor asserts for itself, or the persons identified below, that the Government's rights to

use, release, or disclose the following computer software should be restricted:

Computer Software Name of Person

to be Furnished Basis for Asserted Rights Asserting

With Restrictions* Assertion** Category*** Restrictions****

(LIST) (LIST) (LIST) (LIST)

*Generally, development at private expense, either exclusively or partially, is the only basis for

asserting restrictions on the Government's rights to use, release, or disclose computer software.

**Indicate whether development was exclusively or partially at private expense. If development was

not at private expense, enter the specific reason for asserting that the Government's rights should

be restricted.
***Enter asserted rights category (e.g., restricted or government purpose rights in computer

software, government purpose license rights from a prior contract, rights in SBIR software

generated under another contract, or specifically negotiated licenses).

****Corporation, individual, or other person, as appropriate.

Date ______________________________

Printed Name and Title ______________________________

______________________________

Signature ______________________________

(End of identification and assertion)

(4) When requested by the Contracting Officer, the Contractor shall provide sufficient information to

enable the Contracting Officer to evaluate the Contractor's assertions. The Contracting Officer

reserves the right to add the Contractor's assertions to the Attachment and validate any listed

assertion, at a later date, in accordance with the procedures of the Validation of Asserted

Restrictions—Computer Software clause of this contract.

(f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert

restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or

disclose computer software by marking the deliverable software or documentation subject to

restriction. Except as provided in paragraph (f)(5) of this clause, only the following legends are

authorized under this contract: the government purpose rights legend at paragraph (f)(2) of this

clause; the restricted rights legend at paragraph (f)(3) of this clause; or the special license rights

legend at paragraph (f)(4) of this clause; and/or a notice of copyright as prescribed under 17 U.S.C.

401 or 402.

(1) General marking instructions. The Contractor, or its subcontractors or suppliers, shall

conspicuously and legibly mark the appropriate legend on all computer software that qualify for

such markings. The authorized legends shall be placed on the transmittal document or software

storage container and each page, or portions thereof, of printed material containing computer

software for which restrictions are asserted. Computer software transmitted directly from one

computer or computer terminal to another shall contain a notice of asserted restrictions. However,

instructions that interfere with or delay the operation of computer software in order to display a

restrictive rights legend or other license statement at any time prior to or during use of the

computer software, or otherwise cause such interference or delay, shall not be inserted in software

that will or might be used in combat or situations that simulate combat conditions, unless the

Contracting Officer's written permission to deliver such software has been obtained prior to

delivery. Reproductions of computer software or any portions thereof subject to asserted

restrictions, shall also reproduce the asserted restrictions.

(2) Government purpose rights markings. Computer software delivered or otherwise furnished to the

Government with government purpose rights shall be marked as follows:
GOVERNMENT PURPOSE RIGHTS

Contract No.

Contractor Name

Contractor Address

Expiration Date

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this

software are restricted by paragraph (b)(2) of the Rights in Other Than Commercial Computer

Software and Other Than Commercial Computer Software Documentation clause contained in the

above identified contract. No restrictions apply after the expiration date shown above. Any

reproduction of the software or portions thereof marked with this legend must also reproduce the

markings.

(End of legend)

(3) Restricted rights markings. Software delivered or otherwise furnished to the Government with

restricted rights shall be marked with the following legend:

RESTRICTED RIGHTS

Contract No.

Contractor Name

Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this

software are restricted by paragraph (b)(3) of the Rights in Other Than Commercial Computer

Software and Other Than Commercial Computer Software Documentation clause contained in the

above identified contract. Any reproduction of computer software or portions thereof marked with

this legend must also reproduce the markings. Any person, other than the Government, who has

been provided access to such software must promptly notify the above named Contractor.

(End of legend)

(4) Special license rights markings.
(i) Computer software or computer software documentation in which the Government's rights stem

from a specifically negotiated license shall be marked with the following legend:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these

data are restricted by Contract No. _____(Insert contract number)____, License No. ____(Insert

license identifier)____. Any reproduction of computer software, computer software

documentation, or portions thereof marked with this legend must also reproduce the markings.

(End of legend)

(ii) For purposes of this clause, special licenses do not include government purpose license rights

acquired under a prior contract (see paragraph (b)(5) of this clause).

(5) Pre-existing markings. If the terms of a prior contract or license permitted the Contractor to

restrict the Government's rights to use, modify, release, perform, display, or disclose computer

software or computer software documentation and those restrictions are still applicable, the

Contractor may mark such software or documentation with the appropriate restrictive legend for

which the software qualified under the prior contract or license. The marking procedures in

paragraph (f)(1) of this clause shall be followed.

(g) Contractor procedures and records. Throughout performance of this contract, the Contractor and

its subcontractors or suppliers that will deliver computer software or computer software

documentation with other than unlimited rights, shall—

(1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are

used only when authorized by the terms of this clause; and

(2) Maintain records sufficient to justify the validity of any restrictive markings on computer

software or computer software documentation delivered under this contract.

(h) Removal of unjustified and nonconforming markings.

(1) Unjustified computer software or computer software documentation markings. The rights and

obligations of the parties regarding the validation of restrictive markings on computer software or

computer software documentation furnished or to be furnished under this contract are contained in

the Validation of Asserted Restrictions—Computer Software and the Validation of Restrictive

Markings on Technical Data clauses of this contract, respectively. Notwithstanding any provision of

this contract concerning inspection and acceptance, the Government may ignore or, at the

Contractor's expense, correct or strike a marking if, in accordance with the procedures of those

clauses, a restrictive marking is determined to be unjustified.

(2) Nonconforming computer software or computer software documentation markings. A

nonconforming marking is a marking placed on computer software or computer software

documentation delivered or otherwise furnished to the Government under this contract that is not in

the format authorized by this contract. Correction of nonconforming markings is not subject to the

Validation of Asserted Restrictions—Computer Software or the Validation of Restrictive Markings on

Technical Data clause of this contract. If the Contracting Officer notifies the Contractor of a

nonconforming marking or markings and the Contractor fails to remove or correct such markings
within sixty (60) days, the Government may ignore or, at the Contractor's expense, remove or

correct any nonconforming markings.

(i) Relation to patents. Nothing contained in this clause shall imply a license to the Government

under any patent or be construed as affecting the scope of any license or other right otherwise

granted to the Government under any patent.

(j) Limitation on charges for rights in computer software or computer software documentation.

(1) The Contractor shall not charge to this contract any cost, including but not limited to license

fees, royalties, or similar charges, for rights in computer software or computer software

documentation to be delivered under this contract when—

(i) The Government has acquired, by any means, the same or greater rights in the software or

documentation; or

(ii) The software or documentation are available to the public without restrictions.

(2) The limitation in paragraph (j)(1) of this clause—

(i) Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by the

Contractor to acquire rights in subcontractor or supplier computer software or computer software

documentation, if the subcontractor or supplier has been paid for such rights under any other

Government contract or under a license conveying the rights to the Government; and

(ii) Does not include the reasonable costs of reproducing, handling, or mailing the documents or

other media in which the software or documentation will be delivered.

(k) Applicability to subcontractors or suppliers.

(1) Whenever any other than commercial computer software or computer software documentation is

to be obtained from a subcontractor or supplier for delivery to the Government under this contract,

the Contractor shall use this same clause in its subcontracts or other contractual instruments, and

require its subcontractors or suppliers to do so, without alteration, except to identify the parties. No

other clause shall be used to enlarge or diminish the Government's, the Contractor's, or a higher tier

subcontractor's or supplier's rights in a subcontractor's or supplier's computer software or computer

software documentation.

(2) The Contractor and higher tier subcontractors or suppliers shall not use their power to award

contracts as economic leverage to obtain rights in computer software or computer software

documentation from their subcontractors or suppliers.

(3) The Contractor shall ensure that subcontractor or supplier rights are recognized and protected in

the identification, assertion, and delivery processes required by paragraph (e) of this clause.

(4) In no event shall the Contractor use its obligation to recognize and protect subcontractor or

supplier rights in computer software or computer software documentation as an excuse for failing to

satisfy its contractual obligation to the Government.

(End of clause)

ALTERNATE I (JUN 1995)
As prescribed in 227.7203-6 (a)(2), add the following paragraph (l) to the basic clause:

(l) Publication for sale.

(1) This paragraph only applies to computer software or computer software documentation in which

the Government has obtained unlimited rights or a license to make an unrestricted release of the

software or documentation.

(2) The Government shall not publish a deliverable item or items of computer software or computer

software documentation identified in this contract as being subject to paragraph (l) of this clause or

authorize others to publish such software or documentation on its behalf if, prior to publication for

sale by the Government and within twenty-four (24) months following the date specified in this

contract for delivery of such software or documentation, or the removal of any national security or

export control restrictions, whichever is later, the Contractor publishes that item or items for sale

and promptly notifies the Contracting Officer of such publication(s). Any such publication shall

include a notice identifying the number of this contract and the Government's rights in the published

software or documentation.

(3) This limitation on the Government's right to publish for sale shall continue as long as the

software or documentation are reasonably available to the public for purchase.

Parent topic: 252.227 RESERVED