unit or agency of the Government or are acquiring the Software and Documentation for any such unit or agency, the following apply:
(a) If the unit or agency is the Department of Defense (“DOD”), the Software and Documentation are classified as “commercial computer software” and “commercial computer software documentation”, respectively, and, pursuant to DFAR Section 227.7202, the Government is acquiring the Software and Documentation in accordance with the terms of this agreement.
(b) If the unit or agency is other than DOD, the Software and Documentation are classified as commercial computer software” and “commercial computer software documentation”, respectively, and pursuant to FAR Section 12.212, the Government is acquiring the Software and Documentation in accordance with the terms of this agreement.
