48 CFR 32.705 : Federal Acquisition Regulations System (Section 1.000 To Parts 9906-9999) — Federal Acquisition Regulation (Parts 1 - 99) (Section 1.000 To Parts 54-99) — General Contracting Requirements (Parts 27 - 33) (Section 27.000 To Section 33.215) — Contract Financing (Section 32.000 To Section 32.1110) — Contract Funding (Section 32.700 To Section 32.706-3) — Unenforceability of unauthorized obligations.

31 Dec 2014

Many supplies or services are acquired subject to supplier license agreements. These are particularly common in information technology acquisitions, but they may apply to any supply or service. For example, computer software and services delivered through the internet (web services) are often subject to license agreements, referred to as End User License Agreements (EULA), Terms of Service (TOS), or other similar legal instruments or agreements. Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.S.C. 1341) if agreed to by the Government.

48 CFR 32.705
[78 FR 37688, June 21, 2013]