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  • Question

    Is computer software tangible personal property? Is there a FAR or DFARS breakdown for this. How does this generally work with data rights. Just looking for a quick overview ... I know data rights is complicated.


    Answer

    Courts have come to differing conclusions about whether computer software is tangible personal property. FAR sidesteps the issue by defining the governments rights when the Government owns,  Unlimited Rights, Government Purpose Rights, Limited Purpose Rights or Specifically Negotiated License Rights. Identification of software as property or tangible personal property and the management and control of software is not covered in the FAR, ( FAR 45 (b) (4)).



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