DVES_Tech_Doc_Release_Agreement.pdf

DVES Technical Documentation List and Data Release Agreement Page 1

Degraded Visual Environment System (DVES) Use and Non-Disclosure Agreement

For Government Technical Data

Use and Non-Disclosure Agreement

The undersigned, ______________________________________________, (which is hereinafter referred to as the “Recipient”) requests the Government to provide the Recipient with technical data or computer software (hereinafter referred to as “Data”) in which the Government's use, modification, reproduction, release, performance, display or disclosure rights are restricted.

Those Data are identified in an attachment to this Agreement. In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this Agreement:

(1) The Recipient shall—

(a) Use, modify, reproduce, release, perform, display, or disclose Data marked with government purpose rights or SBIR data rights legends only for government purposes and shall not do so for any commercial purpose. The Recipient shall not release, perform, display, or disclose these Data, without the express written permission of the contractor whose name appears in the restrictive legend (the “Contractor”), to any person other than its subcontractors or suppliers, or prospective subcontractors or suppliers, who require these Data to submit offers for, or perform, contracts with the Recipient. The Recipient shall require its subcontractors or suppliers, or prospective subcontractors or suppliers, to sign a use and non-disclosure agreement prior to disclosing or releasing these Data to such persons. Such agreement must be consistent with the terms of this agreement.

(b) Use, modify, reproduce, release, perform, display, or disclose technical data marked with limited rights legends only as specified in the attachment to this Agreement. Release, performance, display, or disclosure to other persons is not authorized unless specified in the attachment to this Agreement or expressly permitted in writing by the Contractor. The Recipient shall promptly notify the Contractor of the execution of this Agreement and identify the Contractor's Data that has been or will be provided to the Recipient, the date and place the Data were or will be received, and the name and address of the Government office that has provided or will provide the Data.

(c) Use computer software marked with restricted rights legends only in performance of Solicitation number FA8552-18-R-0005 Degraded Visual Environment System (DVES). The Recipient shall not, for example, enhance, decompile, disassemble, or reverse engineer the software; time share, or use a computer program with more than one computer at a time. The recipient may not release, perform, display, or disclose such software to others unless expressly permitted in writing by the licensor whose name appears in the restrictive legend. The Recipient shall promptly notify the software licensor of the execution of this Agreement and identify the software that has been or will be provided to the Recipient, the date and place the software were or will be received, and the name and address of the Government office that has provided or will provide the software.

(2) The Recipient agrees to adopt or establish operating procedures and physical security measures designed to protect these Data from inadvertent release or disclosure to unauthorized third parties.

(3) The Recipient agrees to accept these Data “as is” without any Government representation as to suitability for intended use or warranty whatsoever. This disclaimer does not affect any obligation the Government may have regarding Data specified in a contract for the performance of that contract.

DVES Technical Documentation List and Data Release Agreement Page 2

(4) The Recipient may enter into any agreement directly with the Contractor with respect to the use, modification, reproduction, release, performance, display, or disclosure of these Data.

(5) The Recipient is executing this Agreement for the benefit of the Contractor. The Contractor is a third party beneficiary of this Agreement who, in addition to any other rights it may have, is intended to have the rights of direct action against the Recipient or any other person to whom the Recipient has released or disclosed the Data, to seek damages from any breach of this Agreement or to otherwise enforce this Agreement.

(6). This agreement and the obligations contained within it shall not apply to Data or Materials which:

(a) are published or otherwise in the public domain through no fault of the Recipient;

or

(b) can be demonstrated by the Recipient to have been in its possession prior to receipt under this agreement; or

(c) are obtained by the Recipient without restriction from a third party; or

(d) are independently developed by the Recipient by individuals who have not had either direct or indirect access to such Data or Materials; or

(e) are disclosed by the receiving party to a third party with the written approval of the disclosing party without any restriction.

(7) Recipient shall not be liable for the disclosure of Data, Information or Materials that are obligated to be disclosed by order of a court of competent jurisdiction.

(8) The Recipient agrees to destroy these Data, and all copies of the Data in its possession, no later than 30 days after the date shown in paragraph (9) of this Agreement, to have all persons to whom it released the Data do so by that date, and to notify the Government that the Data have been destroyed.

(9) This Agreement shall be effective for the period commencing with the Recipient's execution of this Agreement and ending 30 March 2019. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement for a period of five (5) years from the date of receipt of any such materials.

(10) Email completed form to the DVES Contracting Specialist, Leigh Ann Taylor, leigh.taylor.3@us.af.mil to receive the data.

Recipient's Business Name: _____________________________________________________

Recipient’s Business Address: ____________________________________________________

By_______________________________________ _________________________________ Representative’s Typed Name Date and Title _____________________________ and Signature:_____________________________ mailto:leigh.taylor.3@us.af.mil