XM813_Ammo-Weapon_ICD_Special_License_Agreement_Schedule_DUA.DOCX

SCHEDULE 2

DATA USE AGREEMENT

The undersigned, , 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 (hereinafter referred to as “Data”) in which the Government’s use, modification, reproduction, release, performance, display or disclosure rights are restricted. This Data is identified as: XM813 Weapon/Ammunition Interface Technical Data, inclusive of the XM813 ICD Technical Data Package.

In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this Data Use Agreement:

(1) The Recipient shall use, modify, reproduce, release, perform, display, or disclose Data marked with Special License Rights legends only for Government end-use and Foreign Military Sales purposes and shall not do so for any other purpose. The Recipient shall not release, perform, display, or disclose this Data, without the express written permission of Alliant Techsystems Operations LLC, to any person other than its subcontractors or suppliers, or prospective subcontractors or suppliers, who require this 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 non-use and non-disclosure agreement before disclosing or releasing these Data to such persons. Such agreement must be consistent with and substantially similar to all of the terms of this agreement (including all waivers, releases and indemnifications).

(2) The Recipient agrees to adopt or establish operating procedures and physical security measures designed to protect the Data from inadvertent release or disclosure to unauthorized third parties.

(3) The Recipient agrees to accept the Data “as is” without any 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) The Recipient agrees to indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorney 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.

(5) The Recipient is executing this Data Use Agreement for the benefit of Alliant Techsystems Operations LLC. Alliant Techsystems Operations LLC is a third party beneficiary of this Data Use 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 Data Use Agreement or to otherwise enforce this Data Use Agreement.

(6) The Recipient agrees to destroy the Data, and all copies of the Data in its possession, no later than 30 calendar days after the date shown in paragraph (7) of this Data Use Agreement, to have all persons to whom it released the Data do so by that date, and, if requested, to notify the Alliant Techsystems Operations LLC that the Data have been destroyed.

(7) This Data Use Agreement shall be effective for the period commencing with the Recipient’s execution of this Data Use Agreement and ending upon . The obligations imposed by this Data Use Agreement shall survive the expiration or termination of the Data Use Agreement.

Recipient’s Business Name:

By: Date:

Printed Name:

Title:

Address: