Attachment 3 Non-Disclosure Non-Use Agreement 30Nov2020.pdf

Contract No.:

Solicitation No.:

TBD

M67854-21-R-1810

Reducible Height Gunner Protection Kit Program Name:

ATTACHMENT 3

NON-DISCLOSURE AND NON-USE AGREEMENT

This non-disclosure and non-use agreement (hereafter also referred to as “NDA”) is made by a recipient Organization, (insert name / address of recipient Organization)

(hereafter referred to as the "Recipient" or “Recipient Organization”), with the U.S.

Marine Corp, Marine Corp Systems Command, Quantico, VA 22134-5010 (hereafter referred to as "MCSC").

Recipient has requested that MCSC supply Recipient with a copy of MCSC technical data package (TDP) for the Reducible Height Gunner Protection Kit described in the

APPENDIX of this Agreement, (hereafter referred to collectively as the “DATA”), originated by the Program Manager Infantry Weapons in conjunction with the design activity U.S. Army Combat Capabilities Development Command Armaments Center

Picatinny Arsenal, NJ. 07806, Program Manager Infantry Weapons of MCSC, Quantico, VA 22134; point of contact: Ms. Kristal Hall, via email at kristal.hall@usmc.mil. The DATA is being requested of MCSC by Recipient for the purposes of manufacturing Reducible Height Gunner Protection Kit. In consideration for MCSC agreeing to furnish such DATA to Recipient for such purposes, the Recipient hereby agrees to the following:

1. Recipient warrants that the said DATA shall only be used for the purposes requested, and to perform under contract for the U.S. Government, (no.TBD), and for no other purposes.

2. Recipient shall not divulge the DATA to any third party. Recipient hereby agrees that all said defined “DATA” shall be subject to the legend in the Attachment to this

Agreement. Recipient shall also obey the restrictions contained on any other restrictive legend appearing on said DATA. Recipient shall not remove any such legends associated with said DATA. The legends shall appear on any reproduction by Recipient of all, or of any portions of said DATA. Recipient shall adopt physical security measures to prevent improper use of or divulgence of the DATA.

3. Recipient shall promptly return all DATA and copies thereof in whatever form or embodiment existing, to the MSCS upon request. The DATA and inventions embodied therein shall at all times remain the property of the U.S. Government, including any reproductions or embodiments of all or of any parts thereof. Any improvements made by

Recipient to said DATA and inventions embodied therein shall become the exclusive property of the U.S. Government.

4. It is understood and accepted that the obligations of non-use and non-disclosure herein shall be obligations of Recipient itself and persons who are officers, directors, or employees thereof, and also any other business entity that Recipient owns or controls to mailto:kristal.hall@usmc.mil receive any of the said DATA.

5. Recipient shall conform to the Export Laws of the United States, and obey the

Marine Corps directives regarding non-export and nondisclosure of said DATA, (or items manufactured by utilizing same), even if Recipient's facility may not be located within the United States of America.

6. No license is provided to Recipient by the provision of DATA under this

Agreement. No representation or warranty is made or given as to the safety or suitability of any DATA which may be provided hereunder or of items or processes made there from. No representation or warranty is made or given as to the existence or possibility of any intellectual property rights claims in said DATA, including but not limited to patent, copyright and trade secret claims.

FOR RECIPIENT ORGANIZATION

By:

(Authorized Signature)

(Typed Name-Title)

(Date)

(Name of Recipient Organization)

(Address of Recipient Organization)

(Home Address of Signator)

ATTACHMENT (Legend)

RESTRICTED ACCESS DATA

U.S. ARMY TECHNICAL INFORMATION

THIS DOCUMENT CONTAINS TECHNICAL DATA THAT ARE THE PROPERTY OF THE

UNITED STATES ARMY PICATINNY ARSENAL. ALL RIGHTS ARE RESERVED TO PICATINNY

ARSENAL ONLY. THESE TECHNICAL DATA SHALL NOT BE USED FOR ANY PURPOSE OTHER

THAN THOSE FOR WHICH FURNISHED NOR DISTRIBUTED OR REPRODUCED OR ANY PART

THEREOF REVEALED IN ANY MANNER TO PERSONS OTHER THAN THE INDIVIDUALS OR

ORGANIZATIONS SPECIFIED HERE WITH TO RECEIVE THEM. THIS LEGEND MUST BE

INCLUDED ON ANY REPRODUCTION OF THIS MATERIAL OR PORTIONS THEREOF.

APPENDIX

(Listing of Data Pertaining to Solicitation M67854-21-R-1810)

Quantity Media Unit of Issue Data

1 * Each REDUCIBLE HEIGHT GUNNER PROTECTION KIT

TECHNICAL DATA PACKAGE

*Available for electronic download/transfer. See solicitation Section L for additional details.