Attachment_0002_-_NDA_for_Control_Unit_Pocket.pdf

Use and Non-Disclosure Agreement

The undersigned, , an authorized representative of (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. Those Data are identified in an attachment to this Agreement. In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this Agreement.

1. The Recipient shall:

a. Use, modify, reproduce, release, perform, display, or disclose Data marked with Government Purpose Rights legends only for government purposes and shall not do so for any commercial purpose. The Recipient shall not release, perform, display, or disclose these Data, without the express written permission of the contractor whose name appears in the restrictive legend (the "Contractor"), to any person other than its subcontractor’s or suppliers, or prospective subcontractors or suppliers, who require these 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 use and non-disclosure agreement prior to disclosing or releasing these Data to such persons. Such agreement must be consistent with the terms of this agreement.

b. Use, modify, reproduce, release, perform, display, or disclose technical data marked with limited rights legends only as specified in the attachment to this Agreement. Release, performance, display, or disclosure to other persons is not authorized unless specified in the attachment to this Agreement or expressly permitted in writing by the Contractor. The Recipient shall promptly notify the Contractor of the execution of this Agreement and identify the Contractor's Data that has been or will be provided to the Recipient, the date and place the Data were or will he received, and the name and address of the Government office that has provided or will provide the Data.

c. Use, modify, reproduce, release, perform, display, or disclose Data marked with Government Purpose Rights legends

GOVERNMENT PURPOSE RIGHTS:

Contract Number:

Contractor Name:

Contractor Address:

Expiration Date:

W911QY-11-D-0073

Airborne Systems North America 5800 Magnolia Avenue Pennsauken, NJ 08109 19 February 2025

The Government’s rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b) (2) of the Rights in the Technical Data – Noncommercial Items clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings

The parties agree that, in addition to the above, this License excludes the right to use this technical data to procure for Foreign Military Sales (FMS), international sales or commercial sales within the United States and excludes the right to release the technical data to any foreign government or entity, or any commercial entity other than for the purposes of procurement for the United States Government.

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

3. The Recipient agrees to accept these Data "as is" without any Government 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 may enter into any agreement directly with the Contractor with respect to the use, modification, reproduction, release, performance, display, or disclosure of these Data.

5. The Recipient agrees to indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorney’s 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.

6. The Recipient is executing this Agreement for the benefit of the Contractor. The Contractor is a third party beneficiary of this 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 Agreement or to otherwise enforce this Agreement.

7. The Recipient agrees to destroy these Data, and all copies of the Data in its possession, no later than 30 days after the date shown in paragraph (8) of this

Agreement, to have all persons to whom it released the Data do so by that date, and to notify the Contractor that the Data have been destroyed.

8. This Agreement shall be effective for the period commencing with the Recipient's execution of this Agreement and ending upon 31 Dec 2018.

The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.

Recipients Business Name:

By

Authorized Representative Date

Representative's Typed Name and Title

(End of use and non-disclosure agreement)

Drawing Matrix for Government Purpose Rights

To RFP No. W911QY-XX-X-XXXX X11-1-9799 Pocket, Control Unit (EEAAD) 11-1-9302 Cloth, Elastane, Super StretchTM 11-1-9303 Window, Sheet Vinyl 11-1-9338 Patterns, Elastane, Packtray Assy., Reserve, RA-1 11-1-9340 Pattern, Window, RA-1

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