Common use of Export Control Warning Clause in Contracts

Export Control Warning. This document refers to technical data, hardware or non-commercial computer software, or a combination of some or all of the above, 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. Subject to approval by a Government Sponsor, the Product may be used for the purpose(s) stated with the following general conditions. Any special terms and conditions applicable to a specific Product are provided in Attachment A. The Product will be handled and maintained in accordance with For Official Use Only, Export Control and Army Regulation 380-5 requirements. The Product will be used only in accordance with this Distribution Agreement. The Product itself will not be modified, adapted, or otherwise altered except as required under the terms of a vendor with the U.S. Government. The Product may be distributed with Product(s) from other USG agencies. Additional restrictions may apply to software not owned or controlled by PEO STRI. The Product shall not be re-distributed, sold, or used for commercial purposes or practices by the recipient, in whole or in part, without the express permission of the PM listed in Attachment A. The recipient is prohibited from using any open source code delivered within the product for commercial practices and profitable gains. The recipient may reproduce copies of the Product for use within his/her organization, or to perform under the terms and conditions of a USG vendor for the specific purpose set out in Attachment A. A copy of this approved Distribution Agreement shall be provided and maintained with each authorized copy of the Product and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. In addition, the controlling DoD office is to be formally notified of the name, address and designated point of contact of all authorized U.S. vendors and sub-vendors to whom a copy is provided. The original recipient of the Product shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies. Changes to any 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 government purpose rights. U.S. vendors and sub-vendors will return or destroy all Product(s) upon agreement award. The agreement awardee may retain all Product(s) until completion of the prototype completion of the agreement under which the work is authorized. The Product may be developmental in nature (see Attachment A). 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 the Product. The controlling DoD office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests. The individual who will act as recipient of the Product on behalf of the U.S. vendor is a U.S. citizen. The U.S. vendor acknowledges his responsibilities under the U.S. export control laws and regulations and agrees that it will not disseminate any export-controlled Product subject to this agreement in a manner that would violate applicable export control laws and regulations. The U.S. vendor agrees that he will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the controlling DoD office. To the extent of his knowledge and belief, the requesting U.S. vendor knows of no person employed by it, or acting on its behalf, who will have access to the Product, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government agreements, or has violated U.S. export control laws.

Appears in 7 contracts

Samples: Distribution Agreement, Distribution Agreement, Distribution Agreement

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Export Control Warning. This document refers to technical data, hardware or non-commercial computer software, or a combination of some or all of the above, 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. Subject to approval by a Government Sponsor, the Product may be used for the purpose(s) stated with the following general conditions. Any special terms and conditions applicable to a specific Product are provided in Attachment A. The Product will be handled and maintained in accordance with For Official Use Only, Export Control and Army Regulation 380-5 requirements. The Product will be used only in accordance with this Distribution Agreement. The Product itself will not be modified, adapted, or otherwise altered except as required under the terms of a vendor with the U.S. Government. The Product may be distributed with Product(s) from other USG agencies. Additional restrictions may apply to software not owned or controlled by PEO STRIUSG. The Product shall not be re-distributed, sold, or used for commercial purposes or practices by the recipient, in whole or in part, without the express permission of the PM listed in Attachment A. The recipient is prohibited from using any open source code delivered within the product for commercial practices and profitable gains. The recipient may reproduce copies of the Product for use within his/her organization, or to perform under the terms and conditions of a USG vendor for the specific purpose set out in Attachment A. A copy of this approved Distribution Agreement shall be provided and maintained with each authorized copy of the Product and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. In addition, the controlling DoD office is to be formally notified of the name, address address, and designated point of contact of all authorized U.S. vendors and sub-vendors to whom a copy is provided. The original recipient of the Product shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies. Changes to any 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 government purpose rights. U.S. vendors and sub-vendors will return or destroy all Product(s) upon agreement award. The agreement awardee may retain all Product(s) until completion of the prototype completion of the agreement under which the work is authorized. The Product may be developmental in nature (see Attachment A). 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 the Product. The controlling DoD office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests. The individual who will act as recipient of the Product on behalf of the U.S. vendor is a U.S. citizen. The U.S. vendor acknowledges his responsibilities under the U.S. export control laws and regulations and agrees that it will not disseminate any export-controlled Product subject to this agreement in a manner that would violate applicable export control laws and regulations. The U.S. vendor agrees that he will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the controlling DoD office. To the extent of his knowledge and belief, the requesting U.S. vendor knows of no person employed by it, or acting on its behalf, who will have access to the Product, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government agreements, or has violated U.S. export control laws.

Appears in 4 contracts

Samples: Distribution Agreement, Distribution Agreement, Distribution Agreement

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Export Control Warning. This document refers to technical data, hardware or non-commercial computer software, or a combination of some or all of the above, 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. Subject to approval by a Government Sponsor, the Product may be used for the purpose(s) stated with the following general conditions. Any special terms and conditions applicable to a specific Product are provided in Attachment A. The Product will be handled and maintained in accordance with For Official Use Only, Export Control and Army Regulation 380-5 requirements. The Product will be used only in accordance with this Distribution Agreement. The Product itself will not be modified, adapted, or otherwise altered except as required under the terms of a vendor with the U.S. Government. The Product may be distributed with Product(s) from other USG agencies. Additional restrictions may apply to software not owned or controlled by PEO STRI. The Product shall not be re-distributed, sold, or used for commercial purposes or practices by the recipient, in whole or in part, without the express permission of the PM listed in Attachment A. The recipient is prohibited from using any open open-source code delivered within the product for commercial practices and profitable gains. The recipient may reproduce copies of the Product for use within his/her organization, or to perform under the terms and conditions of a USG vendor for the specific purpose set out in Attachment A. A copy of this approved Distribution Agreement shall be provided and maintained with each authorized copy of the Product and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. In addition, the controlling DoD office is to be formally notified of the name, address and designated point of contact of all authorized U.S. vendors and sub-vendors to whom a copy is provided. The original recipient of the Product shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies. Changes to any 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 government purpose rights. U.S. vendors and sub-vendors will return or destroy all Product(s) upon agreement award. The agreement awardee may retain all Product(s) until completion of the prototype completion of the agreement under which the work is authorized. The Product may be developmental in nature (see Attachment A). 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 the Product. The controlling DoD office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests. The individual who will act as recipient of the Product on behalf of the U.S. vendor is a U.S. citizen. The U.S. vendor acknowledges his responsibilities under the U.S. export control laws and regulations and agrees that it will not disseminate any export-controlled Product subject to this agreement in a manner that would violate applicable export control laws and regulations. The U.S. vendor agrees that he will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the controlling DoD office. To the extent of his knowledge and belief, the requesting U.S. vendor knows of no person employed by it, or acting on its behalf, who will have access to the Product, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government agreements, or has violated U.S. export control laws.

Appears in 1 contract

Samples: Distribution Agreement

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