Export Compliance Assurance
RECIPIENT acknowledges that all hardware, software, technology, and certain services obtained from Qualcomm (collectively, “Items”) may be subject to U.S. export control and economic sanctions laws, orders, and regulations, including, without limitation, the Export Administration Regulations ("EAR"), 15 CFR Parts 730-774, and the Foreign Assets Control Regulations, 31 CFR Parts 500-599, as well as similar laws and regulations of other applicable jurisdictions (collectively “Export and Sanctions Laws”). Compliance with Export and Sanctions Laws is the responsibility of the RECIPIENT. The Items obtained from Qualcomm may also be subject to specific encryption regulations in the country of the download, transfer or use. RECIPIENT is responsible for complying with any such in-country regulations.
In connection with the receipt of any Items from Qualcomm under this Agreement, RECIPIENT agrees that it (i) will comply with all Export and Sanctions Laws, including by obtaining any required U.S. or other country licenses, authorizations, or approvals; and (ii) will not engage in any activity that would reasonably be expected to cause Qualcomm to violate any Export and Sanctions Laws.
RECIPIENT agrees that neither it, nor its Affiliates, will directly or indirectly export, re-export, transfer or release (collectively, “Export”) any Items (whether or not incorporated into another item), or any direct product thereof, to any destination, person, entity or end use prohibited or restricted under Export and Sanctions Laws without prior U.S. government authorization, to the extent required by regulation.
Without limiting the foregoing, RECIPIENT agrees that it will not Export any Item (whether or not incorporated into another item), or any direct product thereof, to any country or territory, its government, any entity located in or organized under the laws of such country or territory, or any individual located or resident in such country or territory, if, at the time of Export, the U.S. government maintains comprehensive economic sanctions or an embargo with respect to such country or territory (“Embargoed Country”), without prior government authorization. The U.S. government currently maintains comprehensive economic sanctions or an embargo against Cuba, Iran, North Korea, , and the Crimea and other regions of Ukraine controlled by the Russian Federation. The U.S. government also has imposed extensive export controls and economic sanctions on, inter alia, Belarus, the Russian Federation, Syria, and Venezuela. The list of impacted countries may be amended over time.
RECIPIENT agrees not to directly or indirectly employ any Items in, or Export any Items for, end uses or for end users that would violate the controls in Part 744 of the EAR, without prior U.S. government authorization, including those related to prohibited unmanned aerial vehicle ("UAV") or missile technology; prohibited nuclear, chemical, or biological weapons activities; prohibited supercomputer and semiconductor manufacturing end uses; or for any prohibited military end use or end user.
If Qualcomm or a Qualcomm Affiliate is required under applicable trade laws to obtain any export license or other government authorization to license, sell and/or otherwise supply the Items to RECIPIENT, RECIPIENT agrees to provide in a timely manner all necessary documentation to Qualcomm to support Qualcomm's application for that export license or other government authorization as Qualcomm shall request. That documentation may include, but is not limited to, an end use statement, an import license, or any other required information. Qualcomm and its Affiliates reserve the right to suspend the performance of its obligations under this Agreement until any required export license or other government authorization is granted by the competent government regulatory authority without incurring any liability to RECIPIENT, and Qualcomm and its Affiliates shall have no further obligation whatsoever under this Agreement in the event that the competent government regulatory authority fails or declines to issue any such required export license or other authorization. RECIPIENT agrees to comply with all the terms, conditions, and restrictions of any required export license, as notified by Qualcomm. RECIPIENT agrees to indemnify and hold Qualcomm and its Affiliates harmless from all damages and liability that may arise in connection with RECIPIENT’s violation of applicable Export and Sanctions Laws, together with any and all third-party claims, actions, causes of action, loss and expenses arising out of RECIPIENT’s failure to comply with its obligations as provided for in this section.
By selecting the Accept Box and downloading the Product, RECIPIENT hereby certifies that:
a) RECIPIENT is not located, organized, or resident in an Embargoed Country;
b) RECIPIENT is not listed on a prohibited or restricted party list published by the U.S. government, including but not limited to the U.S. Department of Treasury’s “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) and “Consolidated Sanctions List”, and the U.S. Department of Commerce’s Entity List, Unverified List, Denied Persons List, and Military End-User List (“MEU List”), or any similar list maintained by the United Kingdom, the European Union or its Member States, or other applicable local authority;
c) If RECIPIENT is a legal entity, RECIPIENT is not owned (50% or more individually or in the aggregate) or controlled, directly or indirectly, by one or more parties on the SDN List or a similar list maintained by another applicable local authority;
d) If RECIPIENT is a person or entity located in Belarus, Burma (Myanmar), Cambodia, the People's Republic of China, Nicaragua, Russia or Venezuela, RECIPIENT is not a "military end-user" and RECIPIENT will not use any Item for a "military end-use", as those terms are defined in section 744.21 of the EAR.
