H92241-12-R-0018_DVEP_Solicitation_NDA_15-02-2013.pdf

USE AND NON-DISCLOSURE AGREEMENT

H92241-12-R-0018

DEGRADED VISUAL ENVIRONMENTAL PILOTAGE SYSTEM

The undersigned, ____________________(Insert Name), an authorized representative of the ____________________(Insert Company Name), (which is hereinafter referred to as the “Recipient”) requests the Government to provide the Recipient with technical 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 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) [Reserved]

(c) [Reserved]

(d) [Reserved]

(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.

(4) [Reserved]

(5) The Recipient agrees to indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorneys fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of Data received from the Government with restrictive legends by the Recipient or any person to whom the Recipient has released or disclosed the Data.

(6) 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, DEGRADED VISUAL ENVIRONMENTAL PILOTAGE SYSTEM 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.

(7) 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 (8) of this Agreement, to have all persons to whom it released the Data do so by that date, and to notify the Contractor that the Data have been destroyed.

(8) This Agreement shall be effective for the period commencing with the Recipient's execution of this Agreement and ending upon 30 September 2013. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.

Recipient's Business Name _________________________________

By____________________________

Authorized Representative

Date

Representative’s Typed Name _________________________________ and Title _________________________________

DEGRADED VISUAL ENVIRONMENTAL PILOTAGE SYSTEM

Attachment

Technical Data List

Title Document Number

CAAS Software Requirements Specification for the EICAS Manager of the USASOC CAAS

143-0818-006

CAAS Software Requirements Specification for the Flight Director of the USASOC CAAS

143-0814-006

CAAS Software Requirements Specification for the Mission Sensor Manager of the USASOC

CAAS

143-0815-006

CAAS Software Requirements Specification for the Flight Manager of the USASOC CAAS

143-0812-006

CAAS Software Requirements Specification for the MFD Display Manager

143-0817-006

CAAS Software Requirements Specification for the Tactical Situational Awareness Manager of the USASOC CAAS

143-0819-006

CAAS Software Requirements Specification for the System Manager of the USASOC CAAS

143-0809-006

CAAS Subsystem Design Description (SSDD) for the USASOC CAAS

143-0705-006

CAAS System Specification for the

USASOC CAAS

143-0826-006

CAAS External Interface Requirements Specification (IRS) for the

USASOC CAAS

143-0824-006

CAAS Electrical Interface Control Document (EICD) Data Concentrator Unit

3929-A010-002

CHMD Item Specification for the Air Soldier Common Helmet Mounted Display

AVNS-DTL-10868A

MH-60M MH-47G Aircraft Pictures N/A