Common use of Import/Export Control Clause in Contracts

Import/Export Control. Licensee is advised that the SDK is of U.S. origin and subject to the U.S. Export Administration Regulations (“EAR”). The SDK also may be subject to applicable local country import/export laws and regulations. Diversion contrary to U.S. and/or applicable local country law and/or regulation is prohibited. Licensee agrees not to directly or indirectly export, re-export, import, download, or transmit the SDK to any country, end user or for any use that is contrary to applicable U.S. and/or local country regulation or statute (including but not limited to those countries embargoed by the U.S. government). Licensee represents that any governmental agency has not issued sanctions against Licensee or otherwise suspended, revoked or denied Licensee's import/export privileges. Licensee agrees not to use or transfer the SDK for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the U.S. and/or any applicable local government by regulation or specific written license. Additionally, Licensee is advised that the SDK may contain encryption algorithm or source code that may not be exported to government or military end users without a license issued by the U.S. Bureau of Industry and Security and any other country’s governmental agencies, where applicable.

Appears in 6 contracts

Samples: Avaya Software Development Kit License Agreement, Avaya Software Development Kit License Agreement, Avaya Software Development Kit License Agreement

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