Common use of Export and Import Restrictions Clause in Contracts

Export and Import Restrictions. EIS hereby notifies Customer that the System is of United States of America (“United States”) origin and United States export laws and regulations apply to the System. Both parties agree to comply with these and other applicable export and import laws and regulations. EIS will be solely responsible for compliance by EIS and its agents and representatives who access the System. Customer will be solely responsible for compliance by all other parties who access the System, including Users and Customer Service Providers. Customer’s compliance obligations include ensuring: (a) that no International Traffic in Arms Regulations (“ITAR”) data or other data controlled for export by agencies, other than the Bureau of Industry and Security or the Office of Foreign Assets Control, is imported into or used within the System; (b) that there is no access, download, export, re-export, import, or distribution to or of the System or any underlying information, technology or data except in full compliance with all laws and regulations of the United States and in full compliance with any other applicable laws and regulations; and (c) compliance with restrictions of countries other than the United States related to exports and imports. United States export classification information for EIS’ licensor’s software can be found at the website located at xxxx://xxxxxxx.xxx.xxx/adminservices/export.html. By accepting the Agreement and using and/or, if authorized, downloading SAS software or accessing the System, Customer agrees to the foregoing and represents and warrants that (i) neither Customer nor any User is a party to whom the United States prohibits access to SAS software or the System; (ii) neither Customer nor any User is located in, under control of, or a national or resident of any country to which export of SAS software or the System is restricted by laws of the United States or other applicable laws and regulations, including E:1 countries (currently Cuba, Iran, North Korea, Syria, and Sudan); (iii) neither Customer nor any User will use SAS software or the System in activities directly or indirectly related to the proliferation of weapons of mass destruction; (iv) neither Customer nor any User will share access to SAS software or the System with a party identified in this paragraph; and (v) neither Customer nor any User shall further export SAS software or the System without a license or other authorization from the United States.