Appellant Plausibly Asserts End User Agreement for Software License Established Privity of Contract; CBCA 6360, Avue Technologies Corporation v. Department of Health and Human Services

Government’s motion to dismiss a claim for lack of jurisdiction is denied, where the contractor plausibly alleged that the government’s agreement to an end user agreement for a software license established privity of contract with the appellant, even though the license itself was purchased through a third party.