# What is the difference between Commercial and Non-Commercial in Assertion of Use by the Fed. Govt?

**URL:** <https://boards.straightdope.com/t/what-is-the-difference-between-commercial-and-non-commercial-in-assertion-of-use-by-the-fed-govt/604540>\
**Category:** Factual Questions\
**Created:** [November 30, 2011, 7:18am UTC](https://boards.straightdope.com/t/what-is-the-difference-between-commercial-and-non-commercial-in-assertion-of-use-by-the-fed-govt/604540 "2011-11-30T07:18:04Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![Disheavel](https://avatars.discourse-cdn.com/v4/letter/d/e274bd/32.png) [@Disheavel](https://boards.straightdope.com/u/Disheavel)\
**Post date:** [November 30, 2011, 7:18am UTC](https://boards.straightdope.com/t/what-is-the-difference-between-commercial-and-non-commercial-in-assertion-of-use-by-the-fed-govt/604540/1 "2011-11-30T07:18:04Z")

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I am preparing a grant right now as a small business and I am declaring some previous software that was developed under private funding (but will be built and expanded upon during this grant). The instructions state: “Proposers shall follow the format under DFARS 252.227- 7017 for this stated purpose.”

Which leads to this [DoD website](https://acc.dau.mil/CommunityBrowser.aspx?id=33760) and a downloadable DOC files. For the life of me, I can’t figure out what the difference between Commercial and Non-Commercial means here. Any clarification would be awesome!

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**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\
**Post date:** [November 30, 2011, 8:40am UTC](https://boards.straightdope.com/t/what-is-the-difference-between-commercial-and-non-commercial-in-assertion-of-use-by-the-fed-govt/604540/2 "2011-11-30T08:40:40Z")

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Title 48: Federal Acquisition Regulations System  
PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES  
Subpart 252.2—Text of Provisions And Clauses  
252.227-7014 Rights in noncommercial computer software and noncommercial computer software documentation.

As prescribed in 227.7203–6(a)(1), use the following clause.

Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (MAR 2011)

(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.