Attachment_4_-_Terms_of_Use_Letter_-_COGENT.docx

TERMS OF USE AGREEMENT N00024-17-R-5216

The COmmon Geospatial Extensible Navigation Toolkit (COGENT) software Version 2.5.4 is Government Furnished Information (GFI) under the Naval Sea Systems Command, Navy Electronic Chart Display and Information System (ECDIS) Software Solicitation N00024-17-R-5216. The Navy COGENT software source code and executable software are controlled in accordance with the following:

Distribution Statement F: Further dissemination only as directed by the Program Executive Office, Integrated Warfare Systems (PEO IWS 6.0), or higher DoD authority.

Destruction Notice: For classified documents, follow the procedures in DoD 5220.00-M, National Industrial Security Program Operating Manual, Chapter 5, Section 7, or SECNAVINST 5510.36, Chapter 10. For unclassified, limited documents, destroy by any method that will prevent disclosure of contents or reconstruction of the document.

WARNING – This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, Chapter 39, U.S.C. Sec. 2751 et seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App 2401, et seq. Violations of these export laws are subject to severe criminal penalties. Disseminate per the provisions of OPNAVINST 5510.161.

Public release: This document contains information EXEMPT FROM MANDATORY DISCLOSURE under the FOIA. Exemption 5 U.S.C. (B) (2) applies. Additional guidance applies after the FOUO controls have been removed; no publicity releases, World Wide Web sites, or public displays of any kind are authorized on this program without the prior expressed written consent of COMNAVSEASYSCOM (00D) or higher DoD authority. The fact that certain details of information are shown to be unclassified information does not automatically mean it is eligible for public release. All request for public release will be processed through appropriate channels for publication approval.”

All questions regarding “need-to-know” which cannot be resolved will be forwarded to the Program Executive Office, Integrated Warfare Systems (PEO IWS 6.0), for resolution.

In accordance with FAR 52.245-1, the Government is furnishing COGENT in an “as-is” condition. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor’s expense.

Foreign Disclosure: No foreign disclosure is authorized.

To facilitate review, PEO IWS 6.0, is granting authority for the undersigned U.S. Owned Company to one (1) copy of the COGENT 2.5.4 software source code and one (1) copy of the COGENT 2.5.4 executable software. This copy of the source code and the copy of the executable software will be property of the Government and must be controlled in accordance with DoD 5220.22-M (National Industrial Security Program Operating Manual (NISPOM)).

You may allow proposed subcontractors and/or team members to view the source code under your control in accordance with the DoD 5220.22-M (NISPOM).

You may NOT duplicate, transmit or post the above documents/data/source code (if received) in a manner contrary to the guidance provided herein.

You may NOT Disclose any documents/data/source code (if received) or technologies developed from this software to anyone without proper clearance or not having a need- to-know resulting from being directly involved with this Notice.

You may NOT disclose the above source code (if received) to foreign nationals (regardless of clearance, export licenses, or international agreement) or transmit said source code outside the geographical bound or custom territory of the United States of America.

You may NOT request any technical guidance or consultation directly from the COGENT software design team.

You shall maintain records of disclosure of the above document or data and shall furnish these records upon demand of the Contracting Officer or other authorized government security officials. Upon conclusion of your efforts you shall destroy all documents or data in a manner approved for the destruction for that level of classification.

As the Facility Security Officer of the above business, I do hereby acknowledge and accept the terms of this agreement.