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Guidelines for Negotiating Warranties for COTS Software Products - White Paper

September 30, 2013

Updated 10/10/17

The purpose of this white paper is to educate readers on key aspects of Commercial-Off-the-Shelf (COTS) software warranties.

The executive summary addresses topics of interest to government executives and procurement professionals responsible for drafting software license warranties.

Key aspects include:

  • Commercial Product Warranties in the U.S.
  • Key Elements of a Commercial Software License Warranty
  • Government Standard Software Warranty (GSSW) Clause
  • Applying the Federal Acquisition Regulation (FAR) to Commercial Software Warranties
  • Comparing Software Maintenance and Warranties
  • License Agreements with Resellers and the Lack of Privity
  • Licensors’ Positions on Software Warranties