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A P P E N D I X D Terms and Conditions and Software License
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17. Export Law Regulations:
17. 1. Applicable Laws
. End User acknowledges that all Products,
spares, documentation or other materials (collectively “Product”)
are subject to applicable import and export regulations of the
United States and of the countries in which End User transacts
business, specifically including U.S. Export Administration Act
and Export Administration Regulations. This Agreement is also
specifically subject to U.S. Department of Commerce regulations
relating to restrictive trade practices or boycotts and the Foreign
Corrupt Practices Act. In no event shall Intel be bound by any
terms and conditions which contravene applicable laws. End
User shall comply with all laws and regulations applicable to the
Product. Without limiting the generality of the foregoing, End
User agrees that it shall not export, re-export, transfer or divert
any of the Product or the direct product thereof to any restricted
place or party in accordance with U.S. export regulations.
17. 2. License Exceptions. End User acknowledges that certain of the
Product are exported under U.S. Export Administration Regula-
tion license exceptions which prohibit transfer, export or re-
export to military end-users or for military uses or for use with
regard to nuclear, chemical or biological weapons activity includ-
ing projects, design, production or stockpiling such weapons.
End User is responsible for compliance with all such license
exceptions.
17. 3. Responsibility for Export Licensing. Intel agrees to use commer-
cially reasonable steps to obtain, at Intel’s expense, all docu-
mentation required by the United States Office of Export
Administration and/or other authorities to permit the exportation
of Product to End User. End User shall take all actions and pro-
vide all information reasonably requested by Intel in order for
Intel to obtain such export licenses. Intel shall have no liability or
obligation to End User if the responsible government authorities
decline to issue any such export licenses. ALL ORDERS
ISSUED PURSUANT TO THIS AGREEMENT ARE SUBJECT
TO THE OBTAINING SAID LICENSES.
17. 4. Import Certificates. End User is responsible for obtaining and
providing to Intel International Import Certificates and other sup-
porting documentation required by Intel in order to apply for
United States export licenses.
17. 5. Encrypted Products. Products containing encryption may require
additional restrictions. Sale of these specific items may require
End User’s written consent to comply with any such additional
restrictions prior to shipment of the Products.
17. 6. Letter of Compliance. Intel may require End User to execute a
Letter of Compliance, as it deems reasonable to meet the
requirements of applicable export regulations.
18. United States Government Legend: The software and documentation is
commercial in nature and developed solely at private expense. The soft-
ware is delivered as “Commercial Computer Software” as defined in
DFARS 252.227-7014 (June 1995) or as a commercial item as defined in
FAR 2.101(a) and as such is provided with only such rights as are pro-
vided in this Agreement. Technical data is provided with limited rights
only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14
(June 1987), whichever is applicable.