OneSAF_DISTRIBUTION_AGREEMENT_for_USG_and_DOD_Cntr_only_-_20170927.pdf

DCN: ___________________________

Organization: ___________________________

DISTRIBUTION AGREEMENT

OneSAF Product Line Configuration

(For United States Government and USG Contractors)

• DISTRIBUTION STATEMENT- The OneSAF Product Line Configuration Software and associated materials

(together herein, “OneSAF Software”) is authorized for distribution in accordance with Distribution Statement C (DoD Directive 5230.24, August 23, 2012). “Distribution authorized to the United States Government Agencies and their contractors (Administrative or Operational Use) (02/02)”. Other requests shall be referred to the U.S. Army Program Executive Office Simulation Training and Instrumentation (PEO STRI) Product Manager for Constructive Simulation Support (PdM CSS), One Semi-Automated Forces (OneSAF) program.

• WARNING This Agreement refers to technical data, the export of which is restricted by the Arms Export Control Act

(Title 22, U.S.C., Sec 2751, and et seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., and App. 2401 et seq. Violations of these export laws are subject to severe criminal penalties. Disseminate OneSAF Software in accordance with provisions of DoD Directive 5230.25.

SUBJECT TO APPROVAL BY A GOVERNMENT SPONSOR, THE ONESAF SOFTWARE MAY BE USED FOR THE

PURPOSE STATED WITH THE FOLLOWING TERMS AND CONDITIONS:

1. The OneSAF Software is Controlled Unclassified Information (CUI) or For Official Use Only (FOUO) Export Control under ITAR 22CFR ch1 (4-1-13 Ed) 121.8, and shall be handled and maintained in accordance to DoD 5220.22M - NISPOM, AR 380-5 Information Security Program and the OneSAF Program Protection Plan (PPP).

2. The OneSAF Software will be used only in accordance with this Distribution Agreement. The purpose may include incorporating the OneSAF Software, or elements thereof, into products being developed under the terms of a current contract with the U.S. Government. The OneSAF Software and data will not be modified, adapted, or otherwise altered except as required for the stated purpose.

3. OneSAF Software may be distributed with products from other USG agencies. Additional restrictions may apply to software not owned or controlled by PdM CSS, OneSAF (see documentation provided with the software).

4. OneSAF Software shall not be re-distributed, sold, or used for commercial purposes by Recipient, in whole or in part, without the express permission of the PEO STRI PdM CSS, OneSAF except as set forth herein. The recipient is prohibited from using the OneSAF open source code for commercial practices and profitable gains. Recipient may copy OneSAF Software for use within the recipient’s organization, or by an authorized U.S. contractor/sub- contractor organization, for the Purpose stated within this Agreement. A copy of this Agreement shall be provided and maintained with each authorized copy of the OneSAF Software and appropriate personnel shall be briefed regarding the Agreement requirements. PdM CSS, OneSAF 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. Recipient shall be responsible for compliance with this Agreement related to all authorized copies.

5. Changes to the OneSAF Software source code may not be further distributed by the recipient without the approval of the controlling DoD office. Recipients wishing to distribute changes, which they have developed, may submit such changes to the controlling DoD office with Unlimited Rights.

6. Recipient will ensure that its sub-contractors will, return or destroy all OneSAF Software upon completion of the approved work, or completion of the contract under which the work is authorized, whichever comes first.

7. This OneSAF Software 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 of the OneSAF Software.

8. The controlling DoD office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests.

9. The individual who will act as recipient of the OneSAF Software is a U.S. citizen.

10. Recipient 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.

11. The OneSAF Software shall not be released or provided to any USG contractor who is Foreign Owned, Controlled or

Influenced (FOCI) unless a copy of the State Department documentation (SF328 and D-2032) authorizing approval to work on DoD Government contract and if required a copy of the Technical Assistance Agreement (TAA) provided as well for review as per DODM 5220.22M – NISPOM, AR 380-49 – Industrial Security.

12. The OneSAF Software shall not be sold, released, provided or demonstrated to any Foreign National, or Foreign

Representative without prior foreign disclosure approval from the PEO STRI G2, FDO per AR 5-11 – Management of Army Modeling and Simulation and AR 380-10 – Foreign Disclosure and Contract with Foreign Representatives.

13. Unless dissemination is permitted herein and by applicable regulations, Recipient will not provide access to the

OneSAF Software other than to its employees or persons acting on its behalf without permission of the controlling DoD office.

14. Recipient 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.

15. Recipient may not distribute changes to the OneSAF Software source code except as set forth herein without the approval of PdM CSS, OneSAF. Recipient may incorporate OneSAF Software, or elements thereof, into products developed by recipient and its sub-contractors. As consideration for the Government providing the OneSAF Software, recipient will provide PdM CSS, OneSAF Unlimited Rights, per DFARS 252.227-7014, to the modified software. The approved recipient agrees to provide to the controlling DOD office, without further Government request, any and all changes, enhancements, improvements or modifications which may be made to the OneSAF Software while in the approved recipient's possession. If PdM CSS, OneSAF does not receive the enhancements, improvements or modifications made to OneSAF Software with Unlimited Rights, PdM CSS, OneSAF may demand the return and/or destruction of the OneSAF Software in Recipient's possession. A failure to return and/or destroy the OneSAF Software will be deemed a breach of this agreement and may result in prosecution of the USG’s rights in the applicable forum. The following items include, but are not limited to, changes to the OneSAF Software code:

a. Creation of new entities, units, or behaviors

b. Any modification of existing entities, units, or behaviors

c. The modification of existing code

d. The creation of new physical models

16. Recipient acknowledges that the OneSAF Software is released under an Application Certificate of Networthiness

(CoN). In order to operate and maintain the OneSAF Software, the recipient must also acknowledge, agree and adhere to all information security related policies, procedures, controls and limitations in the environment in which the OneSAF Software will be installed. For those recipients, whose environment connects to an UNCLASSIFIED or CLASSIFIED DoD enclave, the recipient must also adhere to the restrictions as defined within the OneSAF CoN.

Any security vulnerabilities detected with the OneSAF Software will be reported by the user to PdM CSS, OneSAF.

Recipient hereby waives any and all claims for damages under any U.S. Government contract for alleged Government caused delay occasioned by revocation of the right to use OneSAF Software.

OneSAF version/product(s), component(s) or configuration baseline(s) being requested: ___________________________

The OneSAF Software is transferring to:

DoD, DoD Contractors, and US Government Agencies Foreign Nationals or Foreign Representatives

Install media type required: ________________________________________

Estimated project completion date: ___________________________________________________

PURPOSE: Clearly identify the intended purpose/use of the ONESAF Product Line Configuration material plus impact of not receiving material. Contractor requests are to include pertinent section(s) of the contractual Work Statement or the Request for Proposal that requires the OneSAF Product Line Configuration activity.

Requesting Company/Organization: ________________________________________________________________ Contact Name: _______________________________________________________________________________ Job Title: ___________________________________________________________________________________ E-mail: _____________________________________________________________________________________ Address 1: __________________________________________________________________________________ Address 2: __________________________________________________________________________________ City: _____________________________ Country/State: ________________ Postal/Zip code: _________-______ Phone no: ____________________________ ext./DSN: ______________________________________________

I HEREBY AGREE TO CONDITIONS 1-16 IDENTIFIED ON PAGES 1, 2, AND 3 OF THIS DOCUMENT AND WILL UTILIZE THE ONESAF SOFTWARE 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: ___________________________________________________________________________________

REQUIRED FOR AUTHORIZED USG CONTRACTOR REQUESTS

(To Be Completed by USG Sponsoring Organization COTR or other authorized individual.)

Verfiy or attach a copy of the pertinent section(s) of the Statement of Work (SOW) or Request for Proposal (RFP) which supports the OneSAF Product Line Configuration as a supplement to this form.

USG Sponsor (Organization): _____________________________________________________________________ USG Contract Number: __________________________________________________________________________ Contract Completion Date: _______________________________________________________________________

It is requested that the OneSAF Product Line Configuration 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 OneSAF Product Line Configuration material for the purpose stated.

Name: ______________________________________________________________________________________ Job Title: ____________________________________________________________________________________ Telephone: ____________________________________ DSN: _________________________________________ E-mail: ______________________________________________________________________________________

Authorized Signature: ___________________________________________________________________________

U.S. GOVERNMENT DOD CONTROLLING OFFICE ENDORCEMENT/APPROVAL

(This section is for internal OneSAF use only.)

The above request is approved for the purpose stated by the requester.

Technical Review (Required for any pre-release requests of the OneSAF Software):

Name: ______________________________________________________________________________________ Job Title: ____________________________________________________________________________________ Telephone: __________________________________ DSN: ___________________________________________ E-mail: ______________________________________________________________________________________________

Authorized Signature: ___________________________________________________________________________

Release Approval:

Name: ______________________________________________________________________________________ Job Title: ____________________________________________________________________________________ Telephone: _______________________________________ DSN: ______________________________________ E-mail: ______________________________________________________________________________________

Authorized Signature: ___________________________________________________________________________

Submit distribution agreement should to: david.a.hagler.civ@mail.mil