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Export Compliance and Usage Restriction Terms

 

 

By confirming agreement to these terms, the customer acknowledges and agrees to the following requirements related to export compliance, usage restrictions, and legal obligations.

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1. Legal Acquisition and Export Compliance

The customer confirms that any machine for which CNC Virtual Assist LLC provides any troubleshooting services has been legally acquired and, if imported, has been imported in full compliance with the laws and regulations of the importing country. If the machine was exported from the United States, the customer confirms that it was exported in accordance with U.S. export control regulations, including those set by the Bureau of Industry and Security (BIS) under the Export Administration Regulations (EAR).

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2. Prohibited End Uses and End Users

The customer agrees that the machine and any related components, software, or technology will not be used for any of the following prohibited purposes:

  1. Military End Use or Military End Users: The machine will not be used for military purposes or by military end users in any country subject to U.S. export restrictions.

  2. Nuclear Activities: The machine will not be used for nuclear explosive activities, including research, development, design, manufacture, or testing of nuclear explosive devices or unsafeguarded nuclear activities as defined in §744.2(a) of the EAR.

  3. Weapons of Mass Destruction: The machine will not be used in any capacity related to the development or production of chemical, biological, or nuclear weapons, or missiles capable of delivering such weapons.

  4. Prohibited Countries and Entities: The machine will not be exported, reexported, or transferred to any country, entity, or individual identified in the U.S. sanctions lists, including but not limited to those listed in the EAR, the International Traffic in Arms Regulations (ITAR), or the Office of Foreign Assets Control (OFAC).

 

3. Responsibilities for Reexport and Transfer

  1. Reexport Notification: If the customer intends to resell, reexport, or transfer the machine to another party or country, they agree to:

    • Obtain written authorization from the U.S. Bureau of Industry and Security (BIS) and any relevant government authority if required by law.

    • Ensure the receiving party complies with all applicable export and end use control regulations.

  2. No Unauthorized Transfers: The customer shall not transfer or allow the machine to be transferred to any unauthorized third party or country.

 

4. Software and Technology Restrictions

  1. Software Assurance: Any software or technology accompanying the machine is subject to U.S. export control regulations. The customer agrees not to export or release the software or related source code to nationals of restricted countries without obtaining the necessary licenses or authorizations.

  2. Direct Products: The customer agrees not to use the direct product of any software or technology associated with the machine in violation of U.S. export laws.

 

5. Indemnification

The customer agrees to indemnify and hold CNC Virtual Assist LLC harmless from any penalties, fines, or legal actions arising from violations of these export compliance terms, including but not limited to:

  • Misrepresentation of the machine’s acquisition or export status.

  • Unauthorized or prohibited end uses.

  • Violations of U.S. export control regulations, including unauthorized reexports or transfers.

 

6. Violations and Termination of Service

If CNC Virtual Assist LLC suspects that the customer has violated or is likely to violate these export compliance terms, CNC Virtual Assist LLC reserves the right to:

  • Suspend or terminate troubleshooting services without notice or refund.

  • Report the violation to appropriate government authorities if required by law.

 

7. Acknowledgment of Responsibility

By agreeing to these terms, the customer acknowledges that they understand their legal obligations regarding export compliance and will take all necessary steps to ensure the machine is used in full compliance with applicable laws.

For questions regarding export compliance, customers are encouraged to consult their legal counsel or contact the U.S. Bureau of Industry and Security (BIS) for further information.

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