Exporting Restrictions

Customer acknowledges that the Software is subject to export and import control of the United States of America. Customer agrees that Software will be exported, reexported or resold only in compliance with such laws. Customer represents and warrants that the Software shall not be used for any nuclear, chemical / biological warfare, missile end-use or training related thereto. Customer also agrees that it will not, without first procuring a BXA license or License Exception, (a) re-export or release the above software to a national of a country in Country Code D:1 or E:2; nor (b) export to Country Group D:1 or E:2 the direct product of the software, if such foreign produced product is subject to national security controls as indentified on the Commerce Control List (See General Prohibition Three Sec. 736.2(b)(3) of the Export Administration Regulations).