Attachment 04- Addendum to OEM EULA.pdf

FAA Addendum to OEM EULA

For purposes of clarification, the following applies to the entire EULA and any other applicable terms, conditions, or documents for all FAA purchases and uses of OEM’s products and services.

The FAA is not subject to the FAR/DFARS or the Contracts Disputes Act. The FAA has its own procurement system and regulations that needs to be incorporated into the Agreement. For all FAA purchases, the FAA Acquisitions Management System (AMS) controls, including AMS Clause 3.5-18 Commercial Computer Software License (January 2009), 3.3.1-38 Unenforceability of Unauthorized Obligations (July 2018), 3.3.1-15 Assignment of Claims; 3.10.1-25 Novation and Change-Of-Name Agreements; 3.4.2-7 Federal, State, and Local Taxes - Fixed-Price, Noncompetitive Contract (October 2019), 3.10.6-1 Termination for Convenience of the Government (Fixed Price) (October 1996); 3.10.6-4 Default (Fixed-Price Supply and Service) (January 2020); 3.14-6 Privacy or Security Safeguards (November 2016), and 3.9.1-1 Contract Disputes (January 2020).

The following additional mandatory clauses also are applicable to this Agreement:

AMS 3.8.9-2 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (July 2023)

AMS 3.8.9-4 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (July 2023)

Nothing contained in this Agreement will obligate the United States Government to auto renew;

indemnify any party/person(s) for damages, costs, fees; or any other loss or liability (e.g. audit costs/expenses) that would create an Anti-Deficiency Act violation (31 U.S.C. §1341). Nothing in this Agreement will bind the United States Government to something that is not authorized by Federal law and any language contained herein to the contrary will be deemed to be stricken from this Agreement.

Nothing contained herein will be construed in derogation of the U.S. Department of Justice’s right to defend any claim or action brought against the U.S., pursuant to its jurisdictional statute 28 U.S.C. §516, including any waiver of jury trial.

Unless specifically authorized in writing by the FAA Office of Communications, any use of the name or logo the FAA is prohibited.

The use of FAA information, data, content, etc. (“Content”) is to be used solely to provide the FAA the services the FAA is purchasing. Any other use of FAA Content is prohibited.

Nothing contained this Agreement with require the United States Government to do a compliance check/true-up/audit, etc.

Terms provided in other documents or websites do not bind the Government unless those terms are submitted with the proposal and made an attachment to the Order. Any such clause is hereby modified as follows: Any Agreement provisions or terms of use unilaterally revised subsequent to award that are inconsistent with any material term or provision of this Order are not enforceable against the Government.

Nothing contained in the Agreement will:

(i) subject the United States Government to the laws of any foreign country, U.S.

state, U.S. territory, district, or municipality to the extent that such laws conflict with or are inconsistent with applicable United States Federal law;

(ii) impair the Government’s right to recover for fraud or crimes arising out of or related to this Agreement under any federal statute, including the False Claims Act, 31 U.S.C. §§ 3729-3733.

(iii) require the Government to participate in dispute resolution in a specific forum or venue that is different from that prescribed by FAA AMS Clause 3.9.1-1 Contract Disputes (January 2020), 14 C.F.R Part 17, or 14 C.F.R Part 14;

(iv) prescribe a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute;

(v) require the Government to submit to any type of arbitration or mediation; and/or

(vi) subject the Government to equitable or injunctive relief, including the award of attorney fees, costs or interest, except where explicitly provided by federal statute (e.g., Prompt Payment Act or Equal Access to Justice Act), and any language to the contrary contained herein will be deemed to be stricken from this Agreement and in which case, in the event an company believes the Government to be in breach of a license agreement, the company must pursue its rights against the United States Government under FAA AMS Clause 3.9.1-1 Contract Disputes (January 2020) or subsequent updated FAA Contract Disputes clause.

The parties agree that this Agreement will take precedence over, supersede and replace any other terms or click to agree terms presented on download and/or installation. Any future changes/updates to the relationship or terms between parties would need to be in writing and signed by both parties.

OEM FAA

Signature: __________________ Signature: __________________

Name: ____________________ Name: ____________________

Title: ____________________ Title: ____________________

Date: _____________________ Date: _____________________