NRMM_Distribution_Agreement.pdf

DISTRIBUTION AGREEMENT

NATO Reference Mobility Model (NRMM)

(For Department of Defense and DoD Contractors)

�This material is authorized for distribution in accordance with Distribution Statement D (DoD Directive 5230.24, March 18, 1997) “Distribution is authorized to the Department of Defense and U.S. DoD contractors only (Administrative or Operational Use)(12/93).” The controlling DoD office is U.S. Army Engineer Research and Development Center.

�WARNING - This document refers to technical data, the export of which is restricted by the Arms Control Act (Title 22, 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 in accordance with provisions of DoD Directive 5230.25.

1. The material will be handled and maintained in accordance with For Official Use Only, Export Control and AR 380-19 requirements.

2. The material will be used only for the purpose stated in this Distribution Agreement. The purpose may include incorporating the NRMM , or elements thereof, into products being developed under the terms of a current contract with the U.S. Department of Defense.

NRMM software and data will not be modified, adapted, or otherwise altered except as required for the prior approved purpose.

3. The NRMM software material shall not be re-distributed, sold, or used for commercial purposes by the recipient, in whole or in part, without the express written permission of the ERDC. The approved recipient may produce copies of this material (including software) for use within the recipient’s organization, or by an authorized U.S. contractor/sub-contractor organization, for the specific purpose stated within this Distribution Agreement. A copy of the approved Distribution Agreement shall be provided and maintained with each authorized copy of the NRMM software material and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. In addition, ERDC, Vicksburg is to be formally notified of the name, address and designated POC of all authorized U.S. contractors/sub-contractors to which a copy is provided. The original recipient of this material shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies.

4. Changes to the NRMM software source code may not be further distributed by the recipient without the approval of the Government Sponsor. Approved recipients wishing to distribute changes, which they have developed, may submit such changes to ERDC, Vicksburg with full Government Purpose License Rights. These changes will be considered by ERDC for incorporation into future releases of the NRMM software baseline.

5. U.S. Contractors and sub-contractors approved to receive the NRMM software will return or destroy all NRMM software material upon completion of the approved work, or completion of the contract under which the work is authorized, whichever comes first.

6. This material is developmental in nature. The U.S. Government and its agents shall not be liable for any harm, damage, or injury that may result from the use or untimely receipt of this material.

7. The U.S. Government sponsor may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests.

8. Foreign Nationals. For purposes of this agreement,

8.1 “Foreign national” is any person who is not a citizen of, a national of, nor a legal resident/immigrant alien of the United States.

8.2 “Foreign representative” is any person, regardless of nationality or citizenship, who act as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation, or person.

8.3 “Foreign source” is any source (such as a vendor, subcontractor, or supplier) not owned and controlled by citizens or legal resident/immigrant aliens of the United States.

8.4 The approved recipients acknowledge that NRMM software material may be controlled by the International Traffic In Arms Regulation (ITAR), 22 CFR Sections 121 through 128, and may require an export license before assigning any FOREIGN NATIONAL or FOREIGN REPRESENTATIVE to perform work using the NRMM software material or before granting any FOREIGN NATIONAL or FOREIGN REPRESENTATIVE access to NRMM software material, and/or technical data generated by NRMM software material.

Furthermore, such persons must be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning such work or receiving such information. Therefore, Recipients agree to notify and obtain the written approval of ERDC prior to assigning or granting access to any work, equipment, material, software, and/or technical data generated or delivered in the performance of agreement to FOREIGN NATIONALS or FOREIGN REPRESENTATIVES. This notification will include the name and country of origin of the FOREIGN NATIONAL or FOREIGN REPRESENTATIVE, the specific work, equipment, material, software, or technical data to which the person will have access, and whether the FOREIGN NATIONAL or FOREIGN REPRESENTATIVE is cleared to have such access (DOD 5220.22-M, National Industrial Security Program Operating Manual.

9. The U.S. contractor acknowledges its responsibilities under the U.S. export control laws and regulations and agrees that it will not disseminate any export-controlled material subject to this agreement in a manner that would violate applicable export control laws and regulations.

10. The U.S. contractor agrees that (unless dissemination is permitted by pertinent regulations) it will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the Government Sponsor.

11. To the extent of its knowledge and belief, the requesting U.S. contractor knows of no person employed by it, or acting on its behalf, who will have access to this data, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government contracts; or has violated U.S. export control laws.

12. The U.S. contractor itself is not debarred, suspended or otherwise determined ineligible by any agency of the U.S. Government to perform on U.S. Government contracts, has not been convicted of export control law violations, and has not been disqualified under the provisions of DoD Directive 5230.25.

NRMM SOFTWARE

(For Department of Defense and DoD Contractors)

13. As consideration for the distribution of NRMM, the approved recipient agrees to disclose to the controlling DOD office (ERDC) any and all prior approved changes, enhancements, improvements or modifications which may be made to NRMM software while in the approved recipient's possession. Reports of the above changes will be made annually on 31 August. In addition, should the controlling DOD office so desire, the approved recipient agrees to provide source code and documentation. If the reports are not received by the controlling DOD office within the above stated time, the controlling DOD office retains the right to demand the return and/or destruction of the NRMM software in the approved recipient's possession.

REQUESTING ORGANIZATION NAME:

ESTIMATED COMPLETION DATE: _____________________________

PURPOSE: (Clearly identify the intended purpose/use of the NRMM software plus impact of not receiving material).

Note: Contractor requests are to include pertinent section(s) of the contractual Work Statement or the Request for Proposal that require the NRMM activity.

(Use additional sheet if needed)

NRMM SOFTWARE

(For Department of Defense and DoD Contractors)

REQUESTING ORGANIZATION NAME: _____________________________________________________________________

REQUESTING ORGANIZATION AUTHORIZED POINT OF CONTACT (POC):

NAME (Print): __________________________________________ DATE: ____________________________________________

TELEPHONE: __________________________________________ E-MAIL:___________________________________________

ORGANIZATION: __________________________________________________________________________________________

ADDRESS: ________________________________________________________________________________________________

I HEREBY AGREE TO CONDITIONS 1-13 IDENTIFIED ON PAGES 1 AND 2 OF THIS DOCUMENT AND WILL UTILIZE THE NRMM SOFTWARE MATERIAL ONLY FOR THE PURPOSE/USE DESCRIBED ABOVE. I UNDERSTAND THAT PROCESSING OR TRANSMITTING THIS EXPORT CONTROLLED MATERIAL VIA ANY PUBLIC ELECTRONIC MEDIUM

IS STRICTLY PROHIBITED.

SIGNATURE: ___________________________________

FOR AUTHORIZED U.S. DoD CONTRACTOR REQUESTS ONLY:

NOTE: Please attach a copy of the pertinent section(s) of the Work Statement or Request for Proposal which supports the NRMM activity.

DOD Sponsor (Organization): ______________________________________________________________________________

DoD Contract Number: ____________________________________________________________________________________

Contract Completion Date: _________________________________________________________________________________

REQUEST FOR RELEASE TO U.S. CONTRACTOR: (To Be Completed by DoD Sponsoring Organization COR or other authorized individual). It is requested that the NRMM material be released to the above-identified contractor for the purpose as stated.

It is hereby certified that the contract number and completion date identified above are correct and the identified contractor requires the NRMM material for the purpose stated.

Date: _____________________

Name (Please Print): ___________________________________________________________________________________

Position: _______________________________________________________________________________________________

Telephone: ________________________________________ E-mail: _____________________________________________

Authorized Signature: ___________________________________

U.S. GOVERNMENT SPONSOR APPROVAL: The above request is approved for the purpose stated by the requester.

(Project Director) (Date)

SUBMIT TO: USAERDC, ATTN:CEERD-GM-M (R. Jones), 3909 Halls Ferry Road, Vicksburg, MS 39180, (601) 634-4145,

(601) 634-3068 FAX