Export Control Acknowledgment
THE ACCESS TO PMOD TECHNOLOGIES’ (PMT) WEBSITE (THE ”WEBSITE”), AND THE DOWNLOAD, ACTIVATION, AND USE OF PRODUCTS OFFERED THEREON, IS SUBJECT TO PMOD’S WEB SITE TERMS OF USE (THE ”TERMS OF USE”) AND THE EXPORT CONTROL ACKNOWLEDGMENT BELOW (THE ”EXPORT CONTROL ACKNOWLEDGMENT”). PLEASE READ ALL OF THESE TERMS AND POLICIES CAREFULLY. BY ACCEPTING THE EXPORT CONTROL ACKNOWLEDGEMENT, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT AGREE (1) TO BE BOUND BY THE TERMS OF USE AND THE EXPORT CONTROL ACKNOWLEDGMENT, AND (2) THAT THE EXPORT CONTROL ACKNOWLEDGMENT WILL GOVERN THE PURCHASE (IF APPLICABLE), DOWNLOAD, ACTIVATION, AND USE OF PMT PRODUCTS.
In addition to the Terms of Use, you acknowledge and agree that all PMT products, software, technical data and/or services (individually, an ”Item” and, collectively, the ”Items”) are subject to export control, customs, economic sanctions, and anti-boycott laws, regulations, rules, and associated executive orders enacted, issued, entered, promulgated, or enforced by the United States, the European Union, Germany, the United Nations, and the country where you are located (provided such applicable local laws or regulations do not conflict with applicable regulations of the European Union or the United States) (each individually, an ”Export Control Law” and, collectively, the ”Export Control Laws”). If you access the Website, or purchase, download, or activate Items from the Website, you further agree that you will comply with all applicable Export Control Laws and not provide access to any Item, directly or indirectly, (1) to anyone in Cuba, Iran, North Korea, Sudan, Syria and the Crimea Region, or in any other destination that is subject to an applicable embargo (an ”Embargoed Destination”) or to a representative of an Embargoed Destination, (2) to anyone listed on (or owned or controlled by anyone listed on) a sanctions list issued by the United States, the European Union, or the United Nations, including, without limitation, the Specially Designated Nationals and Blocked Persons List and the Entity List (a ”Sanctioned Person”), or (3) for a purpose prohibited under any Export Control Law, including the research on or development of chemical, biological or nuclear weapons, unmanned air vehicles or missiles, or nuclear explosive or fuel cycle activities (a ”Prohibited End Use”). If you access the Website, or purchase, download, or activate Items from the Website, you represent and warrant that you are not (and that none of the users accessing the Software under this license are) in any Embargoed Destination, acting for anyone in an Embargoed Destination, or a Sanctioned Person, and that you will not use the Items for a Prohibited End Use, or otherwise in contravention of any applicable Export Control Law. You further represent and warrant that you will only use each Item for peaceful, non-military purposes, unless otherwise specifically agreed to by PMT in writing. In addition to any other remedy it may have, PMT may cancel the download, activation and/or provision of any Item and the maintenance or other customer service involving any Item if (a) PMT has not received all export-related documentation requested by PMT or (b) PMT believes that such activity may violate any Export Control Law or PMT’s own compliance policies. You shall indemnify PMT for all losses, costs, claims, damages and expenses (including attorneys’ fees and expenses) arising from your violation or alleged violation of any Export Control Law.
BY ACCEPTING THIS EXPORT CONTROL ACKNOWLEDGEMENT, YOU ARE CONSENTING TO BE BOUND BY THE TERMS SET FORTH ABOVE AS WELL AS THE TERMS OF USE.