(9)_Non_Disclosure_Non_Use_Agreement.pdf

Use and Non-Disclosure Agreement For Government Technical Data

For the M40 Series Sniper Rifle/Modular Stock

The undersigned, ________________________________, an authorized representative of the company, _______________________________, (which is hereinafter referred to as the "Recipient") requests the Government to provide the Recipient with technical data (hereinafter referred to as "Data") for the M40 Sniper Rifle in which the Recipient's use, modification, reproduction, release, performance, display or disclosure rights are restricted. These Data are identified in the Modular Stock Purchase Description. 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 data rights legends only as necessary to fulfill the terms of the Modular Stock solicitation and, if awarded a contract, to fulfill the terms of the Modular Stock contract.. The Recipient shall not release, perform, display, or disclose these Data, without the express written permission of the Government, to any person other than its subcontractors or suppliers, or prospective subcontractors or suppliers, who require these Data to submit an offer for, or perform, the Modular Stock solicitation or contract 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 Modular Stock solicitation, M67854-13-R-1024, and the Modular Stock contract if awarded to the Recipient. Release, performance, display, or disclosure to other persons is not authorized unless specified in the Modular Stock solicitation or expressly permitted in writing by the Government.

(c) Reproduce any of these Data, if needed to fulfill the requirements of the Modular Stock solicitation and contract, to include special rights legends. Data pertaining to the M40 Sniper Rifle are marked with the following rights legend: Distribution Statement F: Further Dissemination only as directed by PM Infantry Weapons, Marine Corps Systems Command or higher DoD authority. Destruction Notice:

For classified, limited documents and sensitive documentation, this document shall be destroyed by any method that will prevent disclosure of contents or reconstruction of this document. Any reproduction of Technical Data or portions thereof marked with this legend must also reproduce this legend.

(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.

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

(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, 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 the performance of the contract, if one is awarded to the recipient. For recipients of data that were not awarded a contract, upon notification that a contract was awarded to other than the recipient or after review of data if a proposal was not submitted. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.

(9) To access TDP drawings, read the instructions in Section L of the solicitation to request authorization.

Recipient's Business Name and Address

___________________________________________Business Cage Code________________________

Telephone Number ________________________E-Mail Address________________________________

By______________________________________________________ ________________________ Authorized Representative Date

Representative's Typed Name and Title

EMAIL A LEGIBLE, SIGNED COPY OF THIS USE AND NON-DISCLOSURE AGREEMENT TO THE

BUYER IDENTIFIED ON THE COVER PAGE OF THE SOLICITATION, EMAIL ADDRESS LISTED IN

SECTION L.