Import and Export Controls. 10.1 The Licensor Materials are subject to the export control laws of various countries, including without limit the laws of Ireland, United States, EU and Germany. Partner agrees that it will not submit the Licensor Materials to any government agency for licensing consideration or other regulatory approval without the prior written consent of Licensor and will not export, re-export or import any Licensor Materials to countries, persons or entities prohibited by any applicable export law. In that context, Partner is responsible for complying with all applicable regulations restricting import, export, re-export, transfer or release to certain entities or destinations (Export Regulations”). Partner will take all necessary actions and precautions to ensure that any permitted distributor, reseller, end user and other customer complies with the export regulations. 10.2 If Licensor delivers any Licensor Materials directly to Partner and/or End User, Partner will support Licensor in obtaining any required authorization and/or approval from the competent authorities by providing information and/or declarations, e.g. End User certificates, as may be requested by Licensor. Partner acknowledges that the delivery of Licensor Materials may be subject to the prior obtaining of export and/or import authorizations from the competent authorities and that this process may considerably delay or prevent the delivery of Software and Documentation and/or impact Licensor’s ability to provide support or maintenance services. 10.3 With respect to any Licensor Materials delivered by Partner to an End User, it is Partner’s sole responsibility to obtain any required authorization and/or approval from the competent authorities to comply with any applicable Export Regulations. Licensor assumes no responsibility or liability for Partner’s failure to obtain any such required authorization or approval. Partner acknowledges that in case Licensor delivers any Licensor Materials directly to End Users, Section 10.2 above applies especially, without limitation, regarding the provision of maintenance services. Licensor will, upon Partner’s reasonable request, provide any required information regarding any Licensor Materials originally provided by Licensor to Partner. 10.4 This Section 10 shall survive the expiration or earlier termination of this Agreement.
Appears in 6 contracts
Samples: Oem Partner Agreement, Oem Partner Agreement, Oem Partner Agreement
Import and Export Controls. 10.1 Partner is responsible for complying with all applicable regulations restricting import, export, re-export, transfer or release to certain entities or destinations (“Export Regulations”). The Licensor Materials are subject to the export control laws of various countries, including without limit the laws of Ireland, United States, EU and Germany. .
10.2 Partner agrees that it will not submit the Licensor Materials to any government agency for licensing consideration or other regulatory approval without the prior written consent of Licensor and will not export, re-export or import any Licensor Materials to countries, persons or entities prohibited by any applicable export law. In that context, Partner is responsible for complying with all applicable regulations restricting import, export, re-export, transfer or release to certain entities or destinations (Export Regulations”). Partner will take all necessary actions and precautions to ensure that any permitted distributor, reseller, end user and other customer complies with the export regulations.
10.2 10.3 If Licensor delivers any Licensor Materials directly to Partner and/or End User, Partner will support Licensor in obtaining any required authorization and/or approval from the competent authorities by providing information and/or declarations, e.g. End User certificates, as may be requested by Licensor. Partner acknowledges that the delivery of Licensor Materials may be subject to the prior obtaining of export and/or import authorizations from the competent authorities and that this process may considerably delay or prevent the delivery of Software and Documentation and/or impact Licensor’s ability to provide support or maintenance services.
10.3 10.4 With respect to any Licensor Materials delivered by Partner to an End User, it is Partner’s sole responsibility to obtain any required authorization and/or approval from the competent authorities to comply with any applicable Export Regulations. Licensor assumes no responsibility or liability for Partner’s failure to obtain any such required authorization or approval. Partner acknowledges that in case Licensor delivers any Licensor Materials directly to End Users, Section 10.2 10.3 above applies especially, without limitation, regarding the provision of maintenance support services. Licensor will, upon Partner’s reasonable request, provide any required information regarding any Licensor Materials originally provided by Licensor to Partner. The SAP Software ECCN Matrix can be found at: xxxx://xxxxxxx.xxx.xxx/sap/support/notes/1971728.
10.4 10.5 This Section 10 shall survive the expiration or earlier termination of this Agreement.
Appears in 5 contracts
Samples: Oem Partner Agreement, Oem Partner Agreement, Oem Partner Agreement
Import and Export Controls. 10.1 The Licensor Materials are Material is subject to the export control laws of various countries, including without limit the laws of Ireland, United States, EU States and Germany. Partner agrees that it will not submit the Licensor Materials Material to any government agency for licensing consideration or other regulatory approval without the prior written consent of Licensor Licensor. Partner agrees to comply with the laws and will not export, re-export or import any Licensor Materials to countries, persons or entities prohibited by any applicable export law. In that context, Partner is responsible for complying with all applicable regulations restricting import, export, re-export, transfer or release to certain entities or destinations of the United States, E.U., Irish and other applicable jurisdictions (“Export Regulations”). With respect to any export, re-export, transfer, or release otherwise permitted under the Agreement to persons within Partner or its Affiliates or to unrelated third parties of: (i) such technology, software, services or commodities; or (ii) the direct product of any such technology; or (iii) any product that Partner creates with content that is supplied by Licensor; or (iv) any technology that Partner creates that is based upon or commingled with technology provided by Licensor, Partner will comply with the Export Regulations.
10.2 Any import into and/or operation in countries where the import and/or operation is subject to authorization by the authorities of such country shall be in the sole responsibility of Partner. Licensor assumes no responsibility or liability for Partner’s failure to obtain any necessary export approvals. Partner shall take all necessary actions and precautions to ensure that any permitted distributordistributors, reseller, end user resellers and other customer complies customers do not contravene the Export Regulations. Licensor will reasonably cooperate with Partner to identify the export status and requirements of the Licensor Material. Notwithstanding anything to the contrary, Licensor may refuse the fulfillment of its obligations under the Agreement if and for as long as such fulfillment violates the Export Regulations. The parties shall then consult each other if and how compliance with the export regulationsExport Regulations may be achieved with commercially reasonable efforts. For the avoidance of doubt: Licensor may request money for any modification of its Licensor Material that the parties may agree to, in their sole discretion, in order to make the item compliant. This section 10 shall survive the expiration or earlier termination of the Agreement.
10.2 If 10.3 With respect to any delivery of the Licensor delivers any Material to be made by Licensor Materials directly to Partner and/or End Userany other party under the Agreement, Partner will support Licensor in obtaining any required authorization and/or approval from the competent authorities by providing information and/or declarations, e.g. End User certificates, as may be requested by Licensor. Partner acknowledges that the delivery of the Licensor Materials Material may be subject to the prior obtaining of export and/or import authorizations from the competent authorities and that this process may considerably delay or prevent the delivery of Software and Documentation and/or impact Licensor’s ability to provide maintenance and support. Partner shall support or maintenance services.
10.3 With respect to any Licensor Materials delivered by Partner to an End User, it is Partner’s sole responsibility to obtain in obtaining any required authorization by providing information and/or approval from the competent authorities to comply with any applicable Export Regulations. Licensor assumes no responsibility or liability for Partner’s failure to obtain any such required authorization or approval. Partner acknowledges that in case Licensor delivers any Licensor Materials directly to declarations, e.g. End UsersUse Certificates, Section 10.2 above applies especially, without limitation, regarding the provision of maintenance services. Licensor will, upon Partner’s reasonable request, provide any required information regarding any Licensor Materials originally provided as may be requested by Licensor to PartnerLicensor.
10.4 This Section 10 shall survive the expiration or earlier termination of this Agreement.
Appears in 1 contract
Samples: Platform Application Development Cooperation Agreement
Import and Export Controls. 10.1 Partner is responsible for complying with all applicable regulations restricting import, export, re- export, transfer or release to certain entities or destinations (“Export Regulations”). The Licensor Materials are subject to the export control laws of various countries, including without limit the laws of Ireland, United States, EU and Germany. .
10.2 Partner agrees that it will not submit the Licensor Materials to any government agency for licensing consideration or other regulatory approval without the prior written consent of Licensor and will not export, re-export or import any Licensor Materials to countries, persons or entities prohibited by any applicable export law. In that context, Partner is responsible for complying with all applicable regulations restricting import, export, re-export, transfer or release to certain entities or destinations (Export Regulations”). Partner will take all necessary actions and precautions to ensure that any permitted distributor, reseller, end user and other customer complies with the export regulations.
10.2 10.3 If Licensor delivers any Licensor Materials directly to Partner and/or End User, Partner will support Licensor in obtaining any required authorization and/or approval from the competent authorities by providing information and/or declarations, e.g. End User certificates, as may be requested by Licensor. Partner acknowledges that the delivery of Licensor Materials may be subject to the prior obtaining of export and/or import authorizations from the competent authorities and that this process may considerably delay or prevent the delivery of Software and Documentation and/or impact Licensor’s ability to provide support or maintenance services.
10.3 10.4 With respect to any Licensor Materials delivered by Partner to an End User, it is Partner’s sole responsibility to obtain any required authorization and/or approval from the competent authorities to comply with any applicable Export Regulations. Licensor assumes no responsibility or liability for Partner’s failure to obtain any such required authorization or approval. Partner acknowledges that in case Licensor delivers any Licensor Materials directly to End Users, Section 10.2 above applies especially, without limitation, regarding the provision of maintenance services. Licensor will, upon Partner’s reasonable request, provide any required information regarding any Licensor Materials originally provided by Licensor to Partner.Section
10.4 10.5 This Section 10 shall survive the expiration or earlier termination of this Agreement.
Appears in 1 contract
Samples: Oem Partner Agreement
Import and Export Controls. 10.1 The Software, Documentation and Licensor Materials are subject to the export control laws of various countries, including without limit the laws of Ireland, United States, EU States and Germany. Partner agrees that it will not submit the Software, Documentation or other Licensor Materials to any government agency for licensing consideration or other regulatory approval without the prior written consent of Licensor Licensor. Partner agrees to comply with the laws and will not export, re-export or import any Licensor Materials to countries, persons or entities prohibited by any applicable export law. In that context, Partner is responsible for complying with all applicable regulations restricting import, export, re-export, transfer or release to certain entities or destinations of the United States, E.U., Irish and other applicable jurisdictions (“Export Regulations”). With respect to any export, re-export, transfer, or release otherwise permitted under the Agreement to persons within Partner or its Affiliates or to unrelated third parties of: (i) such technology, software, services or commodities; or (ii) the direct product of any such technology; or (iii) any product that Partner creates with content that is supplied by Licensor; or (iv) any technology that Partner creates that is based upon or commingled with technology provided by Licensor, Partner will comply with the Export Regulations.
10.2 Any import into and/or operation in countries where the import and/or operation is subject to authorization by the authorities of such country shall be in the sole responsibility of Partner. Licensor assumes no responsibility or liability for Partner’s failure to obtain any necessary export approvals. Partner shall take all necessary actions and precautions to ensure that any permitted distributordistributors, reseller, end user resellers and other customer complies customers do not contravene the Export Regulations. Licensor will reasonably cooperate with Partner to identify the export status and requirements of the Software or other Licensor Materials. Notwithstanding anything to the contrary, Licensor may refuse the fulfillment of its obligations under the Agreement if and for as long as such fulfillment violates the Export Regulations. The parties shall then consult each other if and how compliance with the export regulationsExport Regulations may be achieved with commercially reasonable efforts. For the avoidance of doubt: Licensor may request money for any modification of its Software that the parties may agree to, in their sole discretion, in order to make the item compliant. This Section 10 shall survive the expiration or earlier termination of the Agreement.
10.2 If Licensor delivers 10.3 With respect to any delivery of Software, Documentation and Licensor Materials directly to be made by Licensor to Partner and/or End Userany other party under the Agreement, Partner will support Licensor in obtaining any required authorization and/or approval from the competent authorities by providing information and/or declarations, e.g. End User certificates, as may be requested by Licensor. Partner acknowledges that the delivery of the Software (including New Releases), Documentation and Licensor Materials may be subject to the prior obtaining of export and/or import authorizations from the competent authorities and that this process may considerably delay or prevent the delivery of Software and Documentation and/or impact Licensor’s ability to provide maintenance and support. Partner shall support or maintenance services.
10.3 With respect to any Licensor Materials delivered by Partner to an End User, it is Partner’s sole responsibility to obtain in obtaining any required authorization by providing information and/or approval from the competent authorities to comply with any applicable Export Regulations. Licensor assumes no responsibility or liability for Partner’s failure to obtain any such required authorization or approval. Partner acknowledges that in case Licensor delivers any Licensor Materials directly to declarations, e.g. End UsersUse Certificates, Section 10.2 above applies especially, without limitation, regarding the provision of maintenance services. Licensor will, upon Partner’s reasonable request, provide any required information regarding any Licensor Materials originally provided as may be requested by Licensor to PartnerLicensor.
10.4 This Section 10 shall survive the expiration or earlier termination of this Agreement.
Appears in 1 contract
Samples: Oem Partner Agreement
Import and Export Controls. 10.1 The Licensor Materials are Material is subject to the export control laws of various countries, including without limit the laws of Ireland, United States, EU States and Germany. Partner agrees that it will not submit the Licensor Materials Material to any government agency for licensing consideration or other regulatory approval without the prior written consent of Licensor Licensor. Partner agrees to comply with the laws and will not export, re-export or import any Licensor Materials to countries, persons or entities prohibited by any applicable export law. In that context, Partner is responsible for complying with all applicable regulations restricting import, export, re-re- export, transfer or release to certain entities or destinations of the United States, E.U., Irish and other applicable jurisdictions (“Export Regulations”). With respect to any export, re-export, transfer, or release otherwise permitted under the Agreement to persons within Partner or its Affiliates or to unrelated third parties of: (i) such technology, software, services or commodities; or (ii) the direct product of any such technology; or (iii) any product that Partner creates with content that is supplied by Licensor; or (iv) any technology that Partner creates that is based upon or commingled with technology provided by Licensor, Partner will comply with the Export Regulations.
10.2 Any import into and/or operation in countries where the import and/or operation is subject to authorization by the authorities of such country shall be in the sole responsibility of Partner. Licensor assumes no responsibility or liability for Partner’s failure to obtain any necessary export approvals. Partner shall take all necessary actions and precautions to ensure that any permitted distributordistributors, reseller, end user resellers and other customer complies customers do not contravene the Export Regulations. Licensor will reasonably cooperate with Partner to identify the export status and requirements of the Licensor Material. Notwithstanding anything to the contrary, Licensor may refuse the fulfillment of its obligations under the Agreement if and for as long as such fulfillment violates the Export Regulations. The parties shall then consult each other if and how compliance with the export regulationsExport Regulations may be achieved with commercially reasonable efforts. For the avoidance of doubt: Licensor may request money for any modification of its Licensor Material that the parties may agree to, in their sole discretion, in order to make the item compliant. This section 10 shall survive the expiration or earlier termination of the Agreement.
10.2 If 10.3 With respect to any delivery of the Licensor delivers any Material to be made by Licensor Materials directly to Partner and/or End Userany other party under the Agreement, Partner will support Licensor in obtaining any required authorization and/or approval from the competent authorities by providing information and/or declarations, e.g. End User certificates, as may be requested by Licensor. Partner acknowledges that the delivery of the Licensor Materials Material may be subject to the prior obtaining of export and/or import authorizations from the competent authorities and that this process may considerably delay or prevent the delivery of Software and Documentation and/or impact Licensor’s ability to provide maintenance and support. Partner shall support or maintenance services.
10.3 With respect to any Licensor Materials delivered by Partner to an End User, it is Partner’s sole responsibility to obtain in obtaining any required authorization by providing information and/or approval from the competent authorities to comply with any applicable Export Regulations. Licensor assumes no responsibility or liability for Partner’s failure to obtain any such required authorization or approval. Partner acknowledges that in case Licensor delivers any Licensor Materials directly to declarations, e.g. End UsersUse Certificates, Section 10.2 above applies especially, without limitation, regarding the provision of maintenance services. Licensor will, upon Partner’s reasonable request, provide any required information regarding any Licensor Materials originally provided as may be requested by Licensor to PartnerLicensor.
10.4 This Section 10 shall survive the expiration or earlier termination of this Agreement.
Appears in 1 contract
Samples: Platform Application Development Cooperation Agreement