Export Control Compliance. With regard to exports and re-exports, unless authorized by applicable laws and regulations, you represent and warrant that no product supplied by us, or products, technology or services that you may be deemed to control as a distributor or reseller, shall be exported, re-exported, distributed or supplied to (i) any person or organization in Cuba, Iran, North Korea, Sudan, or Syria, or who is considered a part of the government of those countries, (ii) any person or organization who is involved in improper development or use of nuclear weapons, or of chemical/biological weapons (CBW) or missiles, or in terrorist activities, or (iii) any person or organization who is prohibited by the government of the United States, or of any other country, from receiving the subject product, technology or services, or from participating in transactions involving the subject product, technology or services. Both you and we confirm we shall comply with all applicable laws and regulations including but not limited to the U.S. export laws and regulations. You acknowledge that the provision by us of certain products (including without limitation components and spare parts therefore), technologies or services (including without limitation warranty services) may require us to first obtain a license (or similar requirement) from the U.S. government or other regulatory body. You agree that any delay in the provision of, or failure to provide, any such products, technologies or services, occasioned by our failure, or inability, to obtain any such license (or similar requirement) timely (or ever) due to reasons reasonably beyond our direct control shall (i) not constitute a breach or default by us of the above referenced documents or any other express or implied obligations of us to you and (ii) shall not give rise to any liability, or further obligation, of us. In the event that you resell or transfer our product as a distributor or otherwise, you shall ensure that the end user to whom you resell or transfer the products agrees in writing to the provisions of this section and you covenant to use your best efforts to enforce such provisions against the end user should it fail to comply. Failure of you to strictly comply with this clause shall be a material breach of this Agreement.
