Common use of Compliance with Law and Export Controls Clause in Contracts

Compliance with Law and Export Controls. 14.3 遵守法律和出口管制。 14.3.1 As between Red Hat and Partner, Partner (a) understands that countries, including the U.S., may restrict the import, use, export, re_export or transfer of encryption products and other controlled materials (which may include Red Hat Products, Services or related technical information) (“Controlled Materials”); (b) will be solely responsible for compliance with any such import, use, export, re-export or transfer restrictions in connection with Partner’s use, sale and/or distribution of Controlled Materials; and (c) will be the importer and exporter of record of the Controlled Materials that Partner uses, sells and/or distributes, and is responsible for all associated obligations, including but not limited to, paying all import duties and tariffs, and obtaining any required regulatory approvals, registrations, and export and import licenses. 14.3.1 在红帽和合作伙伴之间，合作伙伴 (a) 理解，包括美国在内的国家可能会对加密产品及其它受控材料（可能包括红帽产品、服务或相关技术信息）（“受控材料”）的进口、使用或出口施加限制； (b) 在其使用、销售及/或经销受控材料的过程中，对遵守任一该等进口、使用或出口限制负全责；(c) 是合作伙伴使用、销售及/或经销的受控材料的记录进口商与出口商，并对全部相关义务负责，该等义务包括但不限于支付全部进口关税、获得所需的任何监管批准、登记及进出口许可。 14.3.2 Partner acknowledges that Red Hat may be prohibited from providing Controlled Material(s) if Red Hat has knowledge or reason to believe that a violation of the applicable law will or has occurred. 14.3.2 合作伙伴确认，如果红帽知悉或有理由认为将会或已经违反适用法律，则红帽可能会被禁止提供受控材料。 14.3.3 As required by U.S. law, Partner represents and warrants that it: (a) understands that certain of the Controlled Materials are of U.S. origin and subject to export controls under the U.S. Export Administration Regulations (the "EAR"); (b) is not located in (or owned or controlled by any person or entity located in) any country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR or by any person or entity listed on the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”) list of Specially Designated Nationals and Blocked Persons (“SDNs”) (and is not 50% or more owned or controlled by any one or more persons or entities identified on the SDN list); (c) will not export, re-export or transfer the Controlled Materials to (1) any prohibited destination, (2) anyone who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government or (3) any end user who Partner knows or has reason to know will use them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, or sounding rockets, or unmanned air vehicle systems or any other prohibited use under the EAR; and (d) understands and agrees that if it is in the United States and exports, re-exports or transfers the Controlled Materials to eligible end users, it will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the U.S. Commerce Department's Bureau of Industry and Security, that include the name and address (including country) of each transferee..

Compliance with Law and Export Controls. 14.3 遵守法律和出口管制遵 守 法 律 和 出 口 管 制 。 14.3.1 As between Red Hat and Partner, Partner (a) understands that countries, including the U.S., may restrict the import, use, export, re_export use or transfer export of encryption products and other controlled materials (which may include Red Hat Products, Services or related technical information) (“Controlled Materials”); (b) will be solely responsible for compliance with any such import, use, export, re-or export or transfer restrictions in connection with Partner’s use, sale and/or distribution of Controlled Materials; and (c) will be the importer and exporter of record of the Controlled Materials that Partner uses, sells and/or distributes, and is responsible for all associated obligations, including but not limited to, paying all import duties and tariffs, and obtaining any required regulatory approvals, registrations, and export and import licenses. 14.3.1 在红帽和合作伙伴之间，合作伙伴 (a) 理解，包括美国在内的国家可能会对加密产品及其它受控材料（可能包括红帽产品、服务或相关技术信息）（“受控材料”）的进口、使用或出口施加限制； (b) 在其使用、销售及/或经销受控材料的过程中，对遵守任一该等进口、使用或出口限制负全责；(c) 是合作伙伴使用、销售及/或经销的受控材料的记录进口商与出口商，并对全部相关义务负责，该等义务包括但不限于支付全部进口关税、获得所需的任何监管批准、登记及进出口许可。 14.3.2 Partner acknowledges will comply with all applicable laws and regulations including all applicable anti-corruption laws and regulations, such as the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act (collectively, the “Anti-Corruption Laws”), and will not engage in conduct that would cause Red Hat may to violate any law or regulation including the Anti-Corruption Laws. Among other conduct, the Anti-Corruption Laws prohibit Partner, directly or indirectly, from receiving anything of value from, or offering anything of value to, either private parties or government or public officials with the intent that the recipient perform improperly a relevant function or activity or a person be prohibited from providing Controlled Material(srewarded for improper performance. A government or public official includes employees and officers of a government agency, department or instrumentality as well as the employees or officers of government-owned or government-controlled companies, public international organizations, political parties and candidates for political office. Partner represents and warrants that none of its significant shareholders, owners, partners, officers or directors (“Partner Officials”) is a government or public official and that if any of the Partner Officials becomes a government or public official, Partner will immediately notify Red Hat in writing in accordance with the terms of this Agreement. Partner will not permit its resellers or partners to do anything that would violate or cause Red Hat to violate any law or regulation including the Anti-Corruption Laws. If Red Hat believes that Partner (or any of its resellers or partners) has knowledge breached or reason to believe that a violation may breach any of the applicable law will provisions of this Section or has occurred. a notice is provided pursuant to this Section, Red Hat can immediately terminate the Agreement or stop performing its obligations (including making payments, if applicable) without any liability to Partner. 14.3.2 合作伙伴确认，如果红帽知悉或有理由认为将会或已经违反适用法律，则红帽可能会被禁止提供受控材料合作伙伴将遵守所有适用法律法规，包括美国的《反海外腐败法》和英国的《反贿赂法案》等反腐败法律法规（统称“反腐败法”），不得做出可能会导致红帽违反任何法律或法规（包括反腐败法）的行为。除其它行为外，反腐败法还禁止合作伙伴以使接受方不当履行相关职能或活动为目的，直接或间接从 /向私人方或者政府或公职人员收授任何有价之物，或者酬谢某人的不当行为。政府或公职人员包括政府机构、部门或组织的雇员和官员，以及政府所有或者政府控制的公司、国际公共组织、政党以及政治部门候选人的员工或官员。合伙人声明并保证没有重要股东、所有人、合作伙伴、高管或董事(“合作伙伴高管”）是政府或公职人员，如果合作伙伴有任何高管变成政府或公职人员，合作伙伴将立即根据本协议之条款以书面形式通知红帽。合作伙伴将不允许其经销商或合作伙伴做什么会违反或导致红帽违反任何法律或法规（包括反腐败法）的事情。如果红帽认为合作伙伴（或其任何经销商或合作伙伴）已经或可能会违反本节的规定或依据本节提供的通知，红帽可立即终止本协议，或停止履行其义务（包括付款，如适用），而不对合作伙伴承担任何责任。 14.3.3 As required by U.S. law, Partner represents and warrants that it: (a) understands that certain of the Controlled Materials are of U.S. origin and subject to export controls under the U.S. Export Administration Regulations (the "EAR"); (b) is not located in (or owned or controlled by any person or entity located in) any country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR or by any person or entity listed on the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”) list of Specially Designated Nationals and Blocked Persons (“SDNs”) (and is not 50% or more owned or controlled by any one or more persons or entities identified on the SDN list); (c) will not export, re-export or transfer the Controlled Materials to (1) any prohibited destination, (2) anyone who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government or (3) any end user who Partner knows or has reason to know will use them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, or sounding rockets, or unmanned air vehicle systems or any other prohibited use under the EAR; and (d) understands and agrees that if it is in the United States and exports, re-exports or transfers the Controlled Materials to eligible end users, it will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the U.S. Commerce Department's Bureau of Industry and Security, that include the name and address (including country) of each transferee..the