Onboard.id
End User License Agreement
For Use by the United States Government
Effective Date: July 1, 2026 | Version 1.0
IMPORTANT — READ CAREFULLY BEFORE USING THE SOFTWARE
This End User License Agreement (“Agreement” or “EULA”) is a legally binding contract between UberEther Inc. (“Provider”) and the United States Government agency or department identified in the applicable Order (“Government”) governing access to and use of the Onboard.id software platform. BY CLICKING “I ACCEPT,” EXECUTING A PURCHASE ORDER THAT REFERENCES THIS EULA, OR ACCESSING OR USING THE SOFTWARE, THE GOVERNMENT AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
If the Government does not agree, it must not access or use the Software and must promptly notify the Provider. The individual accepting this Agreement represents and warrants that he or she has the authority to bind the Government agency to these terms. The rights granted herein are consistent with FAR 12.212 and DFARS 227.7202, which provide that the Government shall acquire only those rights in commercial computer software customarily provided to the public.
Table of Contents
- Definitions
- Orders and Availability of Funds
- License Grant and Restrictions
- Government Obligations
- Intellectual Property
- Charges and Payment
- Support and Maintenance
- Data Protection and Information Security
- Warranties and Disclaimers
- Confidentiality and FOIA
- Indemnification
- Limitation of Liability
- Termination
- Publicity
- Force Majeure
- Disputes
- General Provisions
- Incorporated FAR and DFARS Clauses
- Export Compliance and Anti-Corruption
- Accessibility
- Changes to This EULA
1. Definitions
1.1 In this Agreement, except to the extent expressly provided otherwise:
“Access Credentials” means the usernames, passwords, API keys, and other credentials enabling access to the Software.
“Agreement” means this end user license agreement, as may be updated by the Provider from time to time in accordance with Section 21.
“AI Components” means any machine-learning models, neural networks, algorithms, training data, model weights, embeddings, inference engines, and related artificial-intelligence or machine-learning technology incorporated in or used to deliver the Software.
“Authorized Users” means the officers, employees, agents, and contractors of the Government who are authorized to use the Software in connection with the Government’s official business, up to the number specified in the applicable Order.
“Business Day” means any weekday other than a Federal holiday.
“Charges” means the fees specified in the applicable Order.
“Confidential Information” means the Provider Confidential Information and the Government Confidential Information, as further defined in Section 10.
“Contracting Officer” means the Government official with authority to enter into, administer, and/or terminate the applicable Order and make related determinations and findings on behalf of the Government, or such other Government official authorized to accept this Agreement on the Government’s behalf.
“CUI” means Controlled Unclassified Information as defined in 32 CFR Part 2002 and NIST SP 800-171.
“Government” means the United States Government agency or department identified in the applicable Order.
“Government Data” means all data, works, and materials uploaded to or processed by the Software at the instigation of the Government, including biometric data, identity documents, verification results, and any data that constitutes Federal records, but excluding analytics data relating to Software usage and server log files.
“Government Personal Data” means any personally identifiable information (PII) that is processed by the Provider on behalf of the Government in relation to this Agreement.
“Documentation” means the user guides, API documentation, and technical specifications for the Software made available by the Provider, as updated from time to time.
“Effective Date” means the date on which the Government first accepts this Agreement by clicking “I Accept,” executing an Order that references this EULA, or first accessing the Software, whichever occurs earliest.
“Federal Records” means records as defined in 44 U.S.C. § 3301 that are created, received, or maintained by the Government in connection with the Software.
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including copyright, database rights, trade secrets, know-how, trademarks, patents, and rights in designs.
“Order” means a purchase order, task order, delivery order, blanket purchase agreement call, or other ordering document issued by the Government that references this EULA and specifies the subscription tier, number of Authorized Users, Charges, period of performance, and other transaction-specific details.
“Output Data” means any results, scores, decisions, reports, or other data generated by the Software as a result of processing Government Data.
“Provider” means UberEther Inc., a company incorporated in the Commonwealth of Virginia, 23465 Rock Haven Way, Ste 150, Sterling, VA 20166 (also referred to herein as “Licensor”).
“Software” means the Onboard.id identity verification platform, including all AI Components, APIs, web interfaces, and related services made available by the Provider to the Government under this Agreement.
“Term” means the period of performance specified in the applicable Order, including any exercised option periods.
“Third-Party Components” means any third-party software, services, or data sources incorporated into or used in connection with the Software.
2. Orders and Availability of Funds
2.1 Ordering
The Government may place Orders for the Software by issuing a purchase order, task order, or other ordering document that references this EULA by title and version number (or URL). Each Order is governed by this EULA. In the event of a conflict between an Order and this EULA, this EULA shall control except to the extent the Order explicitly states that a specific provision supersedes a specific EULA section and is signed by an authorized representative of the Provider.
2.2 Period of Performance
The period of performance for each Order shall be as specified in that Order. Option periods, if any, must be affirmatively exercised by the Contracting Officer in writing. No Order shall automatically renew.
2.3 Availability of Funds
The Government’s obligations under each Order are subject to the availability of appropriated funds. Nothing in this Agreement or any Order shall be interpreted to require obligations or payments in violation of the Anti-Deficiency Act, 31 U.S.C. § 1341. If funds are not appropriated or otherwise made available, the applicable Order shall terminate without liability to either party upon expiration of the last funded period.
2.4 Multiple Orders
The Government may issue multiple Orders under this EULA. Each Order constitutes a separate transaction governed by this EULA, and the termination of one Order shall not affect any other outstanding Order.
3. License Grant and Restrictions
3.1 License Grant
Subject to the terms of this Agreement and payment of the Charges specified in the applicable Order, the Provider grants to the Government a non-exclusive, non-transferable license to access and use the Software during the Term solely for the Government’s official purposes in accordance with the Documentation.
3.2 Commercial Computer Software Rights
The Software is commercial computer software as defined in FAR 2.101. Pursuant to FAR 12.212 (for civilian agencies) and DFARS 227.7202-1 through 227.7202-4 (for Department of Defense agencies), the Government acquires only those rights in the Software that are specified in this Agreement. To the extent any provision of this Agreement is inconsistent with mandatory FAR or DFARS provisions governing commercial computer software licenses, the applicable FAR or DFARS provision shall control.
3.3 Authorized Users
The Software may only be accessed and used by Authorized Users. The Government shall use reasonable efforts to ensure that all Authorized Users comply with the applicable terms of this Agreement.
3.4 Restrictions
Except to the extent expressly permitted by this Agreement or required by applicable federal law on a non-excludable basis, the Government shall not:
- sublicense, sell, lease, lend, or otherwise make the Software available to any entity other than the Government agency identified in the applicable Order and its authorized support contractors;
- use the Software to provide identity verification services to third parties on a commercial basis;
- copy, modify, adapt, translate, or create derivative works based on the Software or any AI Component;
- reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code, object code, algorithms, model architectures, model weights, training data, or underlying structure of the Software or any AI Component, except to the extent expressly permitted by applicable federal law;
- use the Software, any Output Data, or any AI Component to develop, train, fine-tune, improve, or validate any machine-learning model, algorithm, or artificial-intelligence system;
- benchmark, evaluate, or compare the performance of the Software or any AI Component against competing products or services and publish or disclose the results without the Provider’s prior written consent;
- attempt to extract, isolate, copy, or replicate any AI Component, model weight, embedding, or training data from the Software by any means, including through systematic querying, probing, or adversarial techniques;
- remove, alter, or obscure any proprietary notices, labels, or branding on or in the Software; or
- permit any unauthorized person or automated system to access or use the Software.
3.5 No Source Code Access
The Government has no right to access the source code, model weights, training data, or any other non-public component of the Software or AI Components at any time during or after the Term.
4. Government Obligations
4.1 The Government shall implement and maintain reasonable security measures to protect the Access Credentials and prevent unauthorized access to the Software, consistent with applicable federal information security requirements.
4.2 The Government shall provide to the Provider such cooperation and information as are reasonably necessary to enable the Provider to perform its obligations under this Agreement.
4.3 The Government shall comply with all applicable federal laws and regulations in connection with its use of the Software, including the Privacy Act of 1974 (5 U.S.C. § 552a), the E-Government Act of 2002, and applicable NIST standards.
4.4 The Government shall ensure that it has obtained all necessary authorizations and legal bases required under applicable federal law before submitting any personally identifiable information or biometric data to the Software for processing.
4.5 The Government shall not use the Software in any way that causes or may cause damage to the Software or impairment of its availability or performance.
5. Intellectual Property
5.1 Provider IP
All right, title, and interest in and to the Software, including all AI Components, Documentation, algorithms, models, training data, source code, object code, interfaces, and all related Intellectual Property Rights, are and shall remain the exclusive property of the Provider and its licensors. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Provider or its licensors to the Government.
5.2 Government Data Ownership
The Government retains all right, title, and interest in and to Government Data. Government Data constitutes Federal Records and shall be managed in accordance with applicable records management laws. The Government grants to the Provider a non-exclusive license to use, process, and store Government Data solely to the extent necessary to provide the Software and perform its obligations under this Agreement.
5.3 Output Data
As between the parties, the Government shall own the Output Data generated from the processing of Government Data. Output Data derived from Government Data shall be treated as Government Data for purposes of records management and data rights. The Provider retains all Intellectual Property Rights in the underlying models, algorithms, and technology used to generate such Output Data.
5.4 No Training on Government Data
The Provider shall not use Government Data or Output Data to train, retrain, fine-tune, or otherwise improve any AI Component or machine-learning model without the prior written consent of the Contracting Officer. Aggregated, de-identified, and anonymized usage statistics that cannot be used to identify the Government, any agency, or any individual are excluded from this restriction.
5.5 Feedback
If the Government provides suggestions, enhancement requests, or other feedback regarding the Software (“Feedback”), the Provider may use such Feedback without restriction or obligation to the Government.
5.6 Data Portability
Upon termination or expiration of any Order, the Provider shall, at the Government’s direction, return or export all Government Data in a commercially standard, machine-readable format within thirty (30) days. The Provider shall not condition return of Government Data on any fee, claim, or dispute.
6. Charges and Payment
6.1 The Government shall pay the Charges specified in the applicable Order.
6.2 The Provider shall submit proper invoices in accordance with the applicable Order. The Government shall pay each proper invoice in accordance with the Prompt Payment Act, 31 U.S.C. §§ 3901–3907, and FAR 52.232-25.
6.3 Tax Exemption. The Government is exempt from all federal, state, and local taxes. No taxes shall be included in or added to the Charges.
6.4 Late Payment. Any interest on late payments shall be determined solely in accordance with the Prompt Payment Act and FAR 52.232-25.
7. Support and Maintenance
7.1 The Provider shall provide commercially reasonable technical support for the Software during Business Hours (9:00 AM to 5:00 PM Eastern Time, Monday through Friday, excluding Federal holidays).
7.2 Support shall be available via email at support@uberether.com and the Provider’s web-based ticketing system.
7.3 The Provider shall use commercially reasonable efforts to maintain the availability of the Software and to apply updates, patches, and security fixes in a timely manner.
7.4 The Provider may suspend access to the Software for scheduled maintenance upon reasonable prior notice to the Government. To the extent practicable, scheduled maintenance shall be performed outside of Business Hours.
8. Data Protection and Information Security
8.1 Compliance with Federal Law
The Provider shall comply with all applicable federal laws and regulations regarding the protection of Government Data and Government Personal Data, including the Privacy Act of 1974 (5 U.S.C. § 552a), the E-Government Act of 2002, FISMA, and applicable OMB directives and NIST standards.
8.2 The Provider shall process Government Personal Data only in accordance with the Government’s documented instructions and solely for the purpose of providing the Software.
8.3 Security Requirements
The Provider shall implement and maintain administrative, technical, and physical safeguards to protect Government Data, including at minimum compliance with FAR 52.204-21 (Basic Safeguarding of Covered Contractor Information Systems). Where an Order specifies additional security requirements (such as NIST SP 800-171 for CUI, FedRAMP authorization, or agency-specific standards), the Provider shall comply with those requirements as a condition of that Order.
8.4 Incident Notification
The Provider shall notify the Government’s designated point of contact of any suspected or confirmed security incident, data breach, or unauthorized access to Government Data without undue delay, and in no case later than seventy-two (72) hours after discovery. Incident reports shall include the nature of the incident, data affected, remedial actions taken, and recommended Government actions.
8.5 Biometric Data
The Government acknowledges that the Software processes biometric data and identity documents. The Government shall be responsible for ensuring compliance with applicable laws and agency policies governing the collection and use of biometric data before submitting such data to the Software.
8.6 Data Location
All Government Data shall be stored and processed within the continental United States unless the applicable Order expressly authorizes storage or processing in another location.
8.7 Return and Disposal
Upon termination or expiration of an Order, the Provider shall, at the Government’s election, return all Government Data in a commercially standard format or securely destroy it in accordance with NIST SP 800-88 within thirty (30) days, and certify such destruction in writing. Any data retained beyond this period under applicable law shall continue to be protected under this Section 8.
8.8 Right to Audit
The Government, or its authorized representatives (including the Inspector General), shall have the right to audit, inspect, and evaluate the Provider’s security controls and data handling practices relevant to this Agreement, upon reasonable notice.
9. Warranties and Disclaimers
9.1 Provider Warranties
The Provider warrants that:
- it has the legal right and authority to enter into this Agreement and to license the Software as contemplated herein;
- the Software will perform materially in accordance with the Documentation during the Term;
- it will provide the services under this Agreement with reasonable skill and care; and
- the Software does not, to the Provider’s knowledge, contain any malicious code, virus, backdoor, or undocumented feature designed to disable, disrupt, or provide unauthorized access to Government systems or data.
9.2 AI Disclaimer
THE GOVERNMENT ACKNOWLEDGES AND AGREES THAT: (A) THE SOFTWARE UTILIZES ARTIFICIAL INTELLIGENCE AND MACHINE-LEARNING TECHNOLOGY, AND NO AI SYSTEM IS INFALLIBLE. THE SOFTWARE MAY PRODUCE INACCURATE, INCOMPLETE, OR ERRONEOUS RESULTS; (B) OUTPUT DATA SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY DECISION WITH LEGAL, FINANCIAL, OR MATERIAL CONSEQUENCES WITHOUT INDEPENDENT HUMAN REVIEW; (C) THE PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL DETECT ALL INSTANCES OF FRAUD, IDENTITY MISREPRESENTATION, OR DOCUMENT FORGERY; AND (D) THE GOVERNMENT IS SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE SOFTWARE FOR ITS INTENDED USE, FOR ENSURING APPROPRIATE HUMAN OVERSIGHT CONSISTENT WITH APPLICABLE AI GOVERNANCE POLICIES, AND FOR ANY DECISIONS OR ACTIONS TAKEN BASED ON OUTPUT DATA.
9.3 General Disclaimer
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 9, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS.” THE PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9.4 Government Rights Reserved
Nothing in this Section 9 shall be construed to limit or waive any rights or remedies available to the Government under applicable federal law.
10. Confidentiality and FOIA
10.1 Provider Confidential Information. The Provider’s “Confidential Information” means any information disclosed by or on behalf of the Provider to the Government that is marked as confidential or proprietary, or that the Government should reasonably understand to be confidential. The Provider’s Confidential Information expressly includes all non-public aspects of the Software, including AI Components, algorithms, model architectures, model performance data, and training methodologies.
10.2 Government Confidential Information. The Government’s “Confidential Information” means Government Data and any information disclosed by the Government that is marked as CUI, For Official Use Only (FOUO), or otherwise restricted from public disclosure under applicable law.
10.3 Government Obligations. The Government shall protect the Provider’s Confidential Information from unauthorized disclosure to the extent consistent with applicable federal law, including the Freedom of Information Act (5 U.S.C. § 552) (“FOIA”) and the Trade Secrets Act (18 U.S.C. § 1905).
10.4 FOIA. The Government’s obligations regarding Confidential Information are subject to FOIA and other applicable disclosure laws. If the Government receives a FOIA request or similar demand for disclosure of the Provider’s Confidential Information, the Government shall, to the extent permitted by law and agency regulations: (a) promptly notify the Provider; (b) afford the Provider a reasonable opportunity to assert applicable exemptions (including FOIA Exemption 4 for trade secrets and confidential commercial information); and (c) give due consideration to the Provider’s position before making a disclosure determination. The Provider acknowledges that the ultimate disclosure decision rests with the Government.
10.5 Provider Obligations. The Provider shall: (a) keep Government Confidential Information strictly confidential; (b) not disclose it except as necessary to perform under this Agreement; (c) protect it with at least reasonable care; and (d) limit access to personnel with a need to know who are bound by appropriate confidentiality obligations.
10.6 Exceptions. The obligations in this Section 10 do not apply to information that: (a) was known to the receiving party before disclosure; (b) is or becomes publicly available through no fault of the receiving party; (c) is received from a third party without breach of any confidentiality obligation; or (d) is independently developed without reference to the other party’s Confidential Information.
10.7 Marking. The Provider shall clearly mark Confidential Information as “Confidential,” “Proprietary,” or “Trade Secret” at the time of disclosure to facilitate the Government’s obligations under FOIA. Failure to mark may limit the Government’s ability to protect such information from disclosure.
10.8 Survival. The obligations in this Section 10 shall survive termination for five (5) years; provided that obligations relating to trade secrets (including AI Components) shall survive for so long as such information remains a trade secret under applicable law.
11. Indemnification
11.1 Provider Indemnity. The Provider shall indemnify, defend, and hold harmless the Government and its officers, employees, and agents from and against any third-party claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) any infringement of a third party’s Intellectual Property Rights by the Software; or (b) any material breach by the Provider of this Agreement.
11.2 IP Remedy. If the Software becomes, or in the Provider’s opinion is likely to become, the subject of an infringement claim, the Provider may at its option and expense: (a) procure for the Government the right to continue using the Software; (b) modify the Software so that it is non-infringing without material reduction in functionality; or (c) if neither (a) nor (b) is commercially practicable, terminate the applicable Order and refund any prepaid Charges for the unused portion of the Term.
11.3 No Government Indemnification. Nothing in this Agreement shall be construed to impose any indemnification obligation on the Government. Any liability of the Government shall be determined in accordance with applicable federal law, including the Federal Tort Claims Act (28 U.S.C. §§ 2671–2680) and the Tucker Act (28 U.S.C. § 1491).
12. Limitation of Liability
12.1 Provider Cap. EXCEPT FOR OBLIGATIONS UNDER SECTION 10 (CONFIDENTIALITY) OR SECTION 11 (INDEMNIFICATION), AND EXCEPT WHERE LIMITED BY APPLICABLE FEDERAL LAW, THE PROVIDER’S TOTAL AGGREGATE LIABILITY UNDER ANY SINGLE ORDER SHALL NOT EXCEED THE TOTAL CHARGES PAID OR PAYABLE BY THE GOVERNMENT UNDER THAT ORDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.12.2 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
12.3 Exceptions. Nothing in this Section 12 shall limit liability for: (a) death or personal injury resulting from negligence; (b) fraud or willful misconduct; (c) breach of Section 8 resulting in unauthorized disclosure of Government Data; or (d) any liability that cannot be limited under applicable federal law.
12.4 AI-Specific Limitation. The Provider shall have no liability for any losses, damages, or claims arising from: (a) decisions made by the Government or any third party based on Output Data; (b) false positives, false negatives, or other inaccuracies in identity verification results; or (c) the Government’s failure to implement appropriate human review processes.
12.5 Government Liability. Any liability of the Government arising under or related to this Agreement shall be determined in accordance with applicable federal law.
13. Termination
13.1 Termination for Convenience. The Government may terminate any Order, in whole or in part, at any time for its convenience by providing thirty (30) days’ written notice. The Government shall pay for all services rendered and accepted through the effective date of termination, plus any reasonable, allowable, and allocable wind-down costs.
13.2 Termination for Cause. Either party may terminate an Order upon written notice if the other party commits a material breach that is not cured within thirty (30) days after receiving written notice of the breach.
13.3 Termination for Non-Appropriation. If funds are not appropriated for continued performance, the applicable Order shall terminate upon expiration of the last funded period, without liability to either party.
13.4 Effects of Termination. Upon termination of an Order: (a) the licenses granted under that Order shall immediately cease; (b) the Government shall cease use of the Software under that Order; (c) the Government shall pay all Charges accrued through the termination date; (d) the Provider shall return or destroy Government Data per Section 8.7; and (e) each party shall return or destroy the other party’s Confidential Information per Section 10.
13.5 Transition Assistance. Upon termination or expiration, the Provider shall provide reasonable transition assistance for up to ninety (90) days to facilitate migration of Government Data, subject to Charges at the Provider’s then-current rates unless the applicable Order provides otherwise.
13.6 Survival. Sections 3.4–3.5 (Restrictions), 5 (IP), 8 (Data Protection), 9.2–9.4 (Disclaimers), 10 (Confidentiality), 11 (IP Indemnity), 12 (Limitation of Liability), 13.4–13.6, and 15–20 shall survive termination or expiration.
14. Publicity
14.1 The Provider shall not use the Government’s name, seal, logo, or any agency identification in marketing or promotional materials without prior written consent of the Contracting Officer.
14.2 Nothing in this Agreement restricts the Government’s ability to make disclosures required by law, including FOIA, congressional inquiries, or Inspector General investigations.
15. Force Majeure
15.1 Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, pandemics, acts of government, power failures, internet outages, cyberattacks, or acts of terrorism, provided that this Section shall not excuse the Provider from its obligations regarding the protection of Government Data.
15.2 The affected party shall promptly notify the other party and use commercially reasonable efforts to mitigate the impact.
16. Disputes
16.1 Contract Disputes Act. Any dispute arising under or relating to this Agreement or any Order shall be resolved in accordance with the Contract Disputes Act of 1978, as amended (41 U.S.C. §§ 7101–7109).
16.2 Continued Performance. Pending resolution of any dispute, the Provider shall continue performance as directed by the Contracting Officer, and the Government shall continue to make payments for undisputed amounts.
17. General Provisions
17.1 Governing Law. This Agreement shall be governed by applicable federal law. To the extent federal law does not address a particular issue, the laws of the Commonwealth of Virginia shall apply as supplementary authority.
17.2 Entire Agreement. This EULA, together with each applicable Order and any FAR/DFARS clauses incorporated by reference, constitutes the entire agreement governing the Government’s use of the Software.
17.3 Order of Precedence. In the event of conflict: (a) applicable federal statutes and regulations; (b) FAR and DFARS clauses incorporated by reference; (c) this EULA; (d) the applicable Order.
17.4 Amendment. The Provider may update this EULA in accordance with Section 21. No other amendment shall be effective unless agreed in writing by the Contracting Officer and the Provider.
17.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force.
17.6 Notices. All notices shall be in writing and delivered by email (with confirmation), overnight courier, or certified mail to the addresses specified in the applicable Order, or to contracts@uberether.com for notices to the Provider.
17.7 Independent Contractor. The Provider is an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
17.8 Assignment. The Provider may not assign this Agreement or any Order without the prior written consent of the Contracting Officer, except that the Provider may assign payments under the Assignment of Claims Act (31 U.S.C. § 3727).
18. Incorporated FAR and DFARS Clauses
18.1 The following FAR clauses are incorporated by reference. Full text is available at https://www.acquisition.gov:
| FAR 52.204-21 | Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) |
| FAR 52.212-4 | Contract Terms and Conditions — Commercial Products and Commercial Services (Nov 2023) |
| FAR 52.227-19 | Commercial Computer Software License (Dec 2007) |
| FAR 52.232-25 | Prompt Payment (Jan 2017) |
| FAR 52.232-39 | Unenforceability of Unauthorized Obligations (Jun 2013) |
| FAR 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) |
| FAR 52.233-1 | Disputes (May 2014) |
| FAR 52.233-4 | Applicable Law for Breach of Contract Claim (Oct 2004) |
| FAR 52.239-1 | Privacy or Security Safeguards (Aug 1996) |
| FAR 52.244-6 | Subcontracts for Commercial Products and Commercial Services (Sep 2023) |
18.2 For Department of Defense agencies, the following DFARS clauses are also incorporated:
| DFARS 252.204-7012 | Safeguarding Covered Defense Information and Cyber Incident Reporting (Jan 2023) |
| DFARS 252.204-7015 | Notice of Authorized Disclosure of Information for Litigation Support (May 2016) |
| DFARS 252.227-7015 | Technical Data — Commercial Products and Commercial Services (Feb 2014) |
| DFARS 252.227-7202 | Rights in Commercial Computer Software and Commercial Computer Software Documentation (Feb 2014) |
| DFARS 252.232-7010 | Levies on Contract Payments (Dec 2006) |
18.3 To the extent any incorporated FAR or DFARS clause conflicts with a provision of this EULA, the FAR or DFARS clause shall control.
18.4 Individual Orders may incorporate additional FAR or DFARS clauses as required by the applicable procurement vehicle or agency regulations.
19. Export Compliance and Anti-Corruption
19.1 Each party shall comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations and OFAC sanctions.
19.2 The Provider warrants compliance with all applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act. Any material breach of this Section 19 shall constitute a material breach of this Agreement.
20. Accessibility
20.1 The Provider shall use commercially reasonable efforts to ensure that the Software complies with Section 508 of the Rehabilitation Act (29 U.S.C. § 794d) and the applicable Revised 508 Standards.
20.2 Upon request, the Provider shall furnish a Voluntary Product Accessibility Template (VPAT®) or equivalent accessibility conformance report.
21. Changes to This EULA
21.1 The Provider may update this EULA from time to time. Updates shall be identified by a new version number and effective date. The Provider shall post the updated EULA at its website and provide notice to the Government’s designated point of contact at least sixty (60) days prior to the effective date of any material change.
21.2 Material changes shall not apply retroactively to Orders placed before the effective date of the updated EULA unless the Government affirmatively consents. For ongoing Orders, the version of the EULA in effect at the time the Order was placed shall govern that Order for the remainder of its then-current period of performance, unless the Government elects to accept the updated terms.
21.3 Continued use of the Software under a new Order placed after the effective date of an updated EULA constitutes acceptance of the updated terms.
21.4 If the Government objects to a material change, it may decline to place new Orders and may terminate existing Orders in accordance with Section 13.
Provider Contact Information
For questions regarding this EULA, to report security incidents, or for general support:
UberEther Inc.
23465 Rock Haven Way, Ste 150
Sterling, VA 20166
Contracts: contracts@uberether.com
Support: support@uberether.com
Security Incidents: security@uberether.com
UberEther, Inc. — Onboard.id EULA (U.S. Government) | Version 1.0 | Effective July 1, 2026