PUBLIC SECTOR SUPPLEMENTAL TERMS

Last Update: September 10, 2026

These Public Sector Supplemental Terms (“Public Sector Terms”) amend and modify the Master Service and License Agreement between Chainguard and Customer, whether such agreement is the version located at  https://www.chainguard.dev/legal/master-service-and-license-agreement or a separately negotiated agreement between the parties governing Customer’s use of Chainguard’s Products and Services (in either case, the “MSLA”) and apply to the extent Customer is a Public Sector Entity (as defined below) within one of the countries listed herein. Capitalized terms used but not defined herein have the meanings ascribed in the MSLA.

1. Definitions.

a. “Public Sector Entity” means any national, federal, state, provincial, regional, or local government; any agency, department, ministry, instrumentality, or political subdivision thereof; any publicly funded educational institution; any government-owned or government-controlled entity; or any entity that is subject to public procurement laws or regulations in connection with its acquisition of Products, Services, or Technology Previews under the MSLA.

2. General Public Sector Terms. The following terms apply to all Public Sector Entity Customers, regardless of jurisdiction:

a. Order of Precedence. In the event of any conflict among the documents comprising the Agreement, the following order of precedence shall apply, solely with respect to a Public Sector Entity Customer: (i) these Public Sector Terms; (ii) the applicable Order; (iii) the MSLA; and (iv) any other documents incorporated by reference.

3. Countries

a. United States. The following additional terms apply when Customer is a United States Public Sector Entity:

i. Commercial Items. Customer agrees that all Products, Services, and Technology Previews provided to Customer qualify as commercial products, commercial services, commercial computer software, or commercial computer software documentation as contemplated by 48 C.F.R. §§ 2.101, 12.212, 227.7202-3, and 252.227-7014.

ii. U.S. Government Customers. If Customer is a component of the U.S. Government: (i) Section 8 (Indemnification) of the MSLA is deleted in its entirety; (ii) interest on any claims shall be available solely as provided under 28 U.S.C. § 2516; (iii) the definition of “Order” is modified to recognize that an Order does not need to be signed and may be between a component of the U.S. Government and a third party with which Chainguard has a direct or indirect contractual relationship; (iv) the MSLA is between Chainguard and Customer even if an Order is with a third party; (v) no express or implied rights are granted to Products, Services, or Technology Previews except as expressly stated in the MSLA; and (vi) “Customer” is limited to the component of the U.S. Government entering into the MSLA.