Common use of Restrictive Markings Clause in Contracts

Restrictive Markings. 8.1 Technical Information subject to this Agreement may contain markings identifying such as proprietary to Licensor or as being subject to U.S. export control laws. Licensee shall not alter or remove any such restrictive markings. Any copies of the Technical Information authorized by this Agreement to be reproduced by Licensee shall contain identical restrictive markings. Any compilations or incorporation of the Technical Information in part or in whole into documents created by Licensee shall likewise carry identical restrictive markings. The Technical Information furnished by this Agreement will be marked with and also becomes subject to the following wording: “These commodities, technology, or software are controlled under the International Traffic in Arms Regulations (“ITAR”). Export or diversion contrary to U.S. law is prohibited.” 8.2 The Parties shall not disclose any Technical Information furnished hereunder and Licensee shall make no sales of products using the Technical Information in any manner contrary to the laws and regulations of the USA or any applicable foreign export laws and regulations. The information that the Parties may wish to disclose pursuant to this Agreement and any export of the Technical Information may be subject to the provisions of the U.S. Export Administration Act of 1979 (50 USC 2401-2410), the U.S. Export Administration Regulations promulgated thereunder (15 CFR 768-799), the U.S. International Traffic in Arms Regulations (22 CFR 120-130), the regulations of the Office of Foreign Assets Control of the U.S. Department of the Treasury and the U.S. Foreign Corrupt Practices Act. The Parties acknowledge that these statutes and regulations impose restrictions on export, import, and transfer to third countries and persons and entities of certain categories of data and articles, and that licenses and/or registrations from the US Department of State and/or the US Department of Commerce and/or the US Department of Treasury’s Office of Foreign Assets Control may be required before such data and articles can be disclosed or sold or exported hereunder or pursuant hereto, and that such licenses may impose further restrictions on use and further disclosure or export or use of such data and articles. Disclosure or export of such data and articles to foreign persons is subject to the above regulations regardless if the export occurs in the USA or abroad. Licensee agrees to comply with all applicable USA governmental regulations as they relate to the export, import and re-export of data, articles and the subject matter hereof. Prior to any transfer of Licensor data, Licensee shall ensure that all necessary authorizations are obtained and that all the goods and documentation to be exported or delivered that are controlled under USA export laws and regulations are accompanied by the required USA government authorizations. Licensee shall indemnify Licensor for all liabilities, penalties, losses, damages, costs, or expenses that may be imposed on or incurred by Licensor in connection with any violations of export control laws and regulations by Licensee.