Attachment_0010_-_Non-Disclosure_and_Non-Use_Agreement_(MCS_IPPP).rtf

Contract No.: TBD Solicitation No.: W15QKN-15-R-0162 Program Name: Tactical Mission Command Applications (TMCA)

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. Army Armament Research Development and Engineering Center, Picatinny Arsenal, New Jersey 07806-5000 (hereafter referred to as "RDECOM-ARDEC" or “ARDEC”). Recipient has requested that RDECOM-ARDEC supply Recipient with a copy of Maneuver Control System (MCS) Interim Program Protection Plan and/or Program Protection Plan (IPPP) described in the APPENDIX of this Agreement, (hereafter referred to collectively as the “DATA”), originated by the Product Manager Tactical Mission Command of Project Manager Mission Command, Aberdeen Proving Grounds, MD. 21005; point of contact: Mahesh Shah, 443-395-2039 or Chun Hung (Tony) Lu, 443-395-2061. The DATA is being requested of RDECOM-ARDEC by Recipient for the purposes of preparing a proposal for the Tactical Mission Command Applications (TMCA) program. In consideration for RDECOM-ARDEC agreeing to furnish such DATA to Recipient for such purposes, the Recipient hereby agrees to the following:

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.

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.

Recipient shall promptly return all DATA and copies thereof in whatever form or embodiment existing, to the U.S. Army RDECOM-ARDEC 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.

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.

If RDECOM-ARDEC provides Recipient with physical models, samples or experimental apparatus for Recipient's evaluation hereunder, Recipient agrees not to reverse engineer such items, nor to disassemble same to learn their design for unauthorized use of RDECOM-ARDEC's technology.

FOR RECIPIENT ORGANIZATION

By: (Authorized Signature) file_0.wmf

(Typed Name-Title) file_1.wmf

(Date) file_2.wmf

(Name of Recipient Organization) file_3.wmf

(Address of Recipient Organization) file_4.wmf

(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 subject matter which may be included in the DATA being released)

For Official Use Only (FOUO):

Maneuver Control System (MCS) Interim Program Protection Plan (IPPP) and/or Program Protection Plan, 21 Aug 2007