Common use of Export and Import Controls Clause in Contracts

Export and Import Controls. Reseller acknowledges and agrees that Malwarebytes is a US-headquartered company, and that the Product, Software, Documentation, Confidential Information, technical data, and performance of the Services are subject to export and import control laws and regulations of various countries. Such laws and regulations include, without limitation U.S. Export Administration Regulations, and in the performance of its obligations, Reseller shall at all times strictly comply with, and shall cause its agents, end-users, customers, representatives and suppliers to comply with, all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, export controls, anti-boycott, banking or ITAR regulations. Reseller expressly agrees that Reseller shall not, and shall cause its representatives, agents, end-users, and customers (if any) not to (a) export, re-export, divert or transfer Malwarebytes's Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from Malwarebytes's Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by the United States or host country's export controls, and shall obtain required U.S and foreign export and import licenses, as applicable. As part of its compliance efforts, Reseller agrees to include provisions at least as restrictive as the provisions in this Section in any of its contracts with partners, agents, suppliers, end-users, customers, or representatives. Additionally, Reseller agrees that none of the Products, Software, Services, Documentation, Malwarebytes technology, materials, tools or technical data is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to any US or foreign proscribed or embargoed or terrorist countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless Reseller has received authorization by the US Government and/or the appropriate foreign government. Reseller further agrees not to process or incorporate Malwarebytes's products and technology into secondary products which contribute to the design, development, production, stockpiling or use of nuclear, chemical/biological weapons or missiles. Proscribed countries are set forth in the U.S. Export Administration Regulations and any appropriate foreign regulations. Reseller hereby certifies that it and its Customers and End- Users are not on the U.S. Department of Commerce's Denied Persons List, Entity List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List and are not otherwise prohibited from receiving the Products or Service. Reseller agrees to comply strictly with all U.S. and host country import/export laws and assumes sole responsibility for obtaining licenses to import, export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the License Exception ENC Favorable Treatment Countries (Supplement No. 3 to Part 740 of the U.S. Export Administration Regulations). This provision shall survive the expiration or termination of this Agreement. Upon request by Malwarebytes, Reseller shall provide certificates signed by an authorized representative of Reseller, certifying compliance with applicable laws in general and with specific laws, as requested by Malwarebytes. The Reseller agrees that Reseller is responsible to pass down the requirements of this Section to any of its reseller partners, Integrators, MSSP's, and end users, or other entities to which Reseller sells any Malwarebytes Products or Services and that Malwarebytes is not responsible for Reseller's export or import into the applicable Territory. Furthermore, Reseller hereby agrees that, for any orders that Reseller places with Malwarebytes whereby any unique legal or regulatory requirements may apply to Malwarebytes (such as any requirements related to the International Traffic in Arms Regulations "ITAR", or Buy American Act "BAA", or any requirements related to the Trade Agreements Act "TAA"), Reseller is responsible to clearly describe in detail any of those requirements in writing on the Purchase Order submitted to Malwarebytes.

Export and Import Controls. Reseller FortiPartner acknowledges and agrees that Malwarebytes Fortinet is a US-headquartered company, and that the Product, Software, Documentation, Confidential Information, technical data, and performance of the Services are subject to export and import control laws and regulations of various countries. Such laws and regulations include, without limitation U.S. Export Administration Regulations, and in the performance of its obligations, Reseller FortiPartner shall at all times strictly comply with, and shall cause its agents, end-users, customers, representatives and suppliers to comply with, all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, export controls, anti-boycott, banking or ITAR regulations. Reseller FortiPartner expressly agrees that Reseller FortiPartner shall not, and shall cause its representatives, agents, end-users, and customers (if any) not to (a) export, re-export, divert or transfer Malwarebytes's Fortinet’s Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from Malwarebytes's Fortinet’s Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by the United States or host country's ’s export controls, and shall obtain required U.S and foreign export and import licenses, as applicable. As part of its compliance efforts, Reseller FortiPartner agrees to include provisions at least as restrictive as the provisions in this Section in any of its contracts with partners, agents, suppliers, end-users, customers, or representatives. Additionally, Reseller FortiPartner agrees that none of the Products, Software, Services, Documentation, Malwarebytes Fortinet technology, materials, tools or technical data is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to any US or foreign proscribed or embargoed or terrorist countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless Reseller FortiPartner has received authorization by the US Government and/or the appropriate foreign government. Reseller FortiPartner further agrees not to process or incorporate Malwarebytes's Fortinet’s products and technology into secondary products which contribute to the design, development, production, stockpiling or use of nuclear, chemical/biological weapons or missiles. Proscribed countries are set forth in the U.S. Export Administration Regulations and any appropriate foreign regulations. Reseller FortiPartner hereby certifies that it and its Customers and End- Users are not on the U.S. Department of Commerce's ’s Denied Persons List, Entity List or affiliated lists or on the U.S. Department of Treasury's ’s Specially Designated Nationals List and are not otherwise prohibited from receiving the Products or Service. Reseller FortiPartner agrees to comply strictly with all U.S. and host country import/export laws and assumes sole responsibility for obtaining licenses to import, export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the License Exception ENC Favorable Treatment Countries (Supplement No. 3 to Part 740 of the U.S. Export Administration Regulations). This provision shall survive the expiration or termination of this Agreement. Upon request by MalwarebytesFortinet, Reseller FortiPartner shall provide certificates signed by an authorized representative of ResellerFortiPartner, certifying compliance with applicable laws in general and with specific laws, as requested by MalwarebytesFortinet. The Reseller FortiPartner agrees that Reseller FortiPartner is responsible to pass down the requirements of this Section to any of its reseller partners, Integrators, MSSP's’s, and end users, or other entities to which Reseller FortiPartner sells any Malwarebytes Fortinet Products or Services and that Malwarebytes Fortinet is not responsible for Reseller's FortiPartner’s export or import into the applicable Territory. Furthermore, Reseller FortiPartner hereby agrees that, for any orders that Reseller FortiPartner places with Malwarebytes Fortinet whereby any unique legal or regulatory requirements may apply to Malwarebytes Fortinet (such as any requirements related to the International Traffic in Arms Regulations "“ITAR"”, or Buy American Act "“BAA"”, or any requirements related to the Trade Agreements Act "“TAA"”), Reseller FortiPartner is responsible to clearly describe in detail any of those requirements in writing on the Purchase Order submitted to MalwarebytesFortinet.

Export and Import Controls. Reseller acknowledges and agrees that Malwarebytes is a US-headquartered company, and that the Product, Software, Documentation, Confidential Information, technical data, and performance of the Services are subject to export and import control laws and regulations of various countries. Such laws and regulations include, without limitation U.S. Export Administration Regulations, and in the performance of its obligations, Reseller shall at all times strictly comply with, and shall cause its agents, end-users, customers, representatives and suppliers to comply with, all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, export controls, anti-boycottanti -boycott, banking or ITAR regulations. Reseller expressly agrees that Reseller shall not, and shall cause its representatives, agents, end-users, and customers (if any) not to (a) export, re-export, divert or transfer Malwarebytes's Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from Malwarebytes's Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by the United States or host country's export controls, and shall obtain required U.S and foreign export and import licenses, as applicable. As part of its compliance efforts, Reseller agrees to include provisions at least as restrictive as the provisions in this Section in any of its contracts with partners, agents, suppliers, end-users, customers, or representatives. Additionally, Reseller agrees that none of the Products, Software, Services, Documentation, Malwarebytes technology, materials, tools or technical data is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to any US or foreign proscribed or embargoed or terrorist countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless Reseller has received authorization by the US Government and/or the appropriate foreign government. Reseller further agrees not to process or incorporate Malwarebytes's products and technology into secondary products which contribute to the design, development, production, stockpiling or use of nuclear, chemical/biological weapons or missiles. Proscribed countries are set forth in the U.S. Export Administration Regulations and any appropriate foreign regulations. Reseller hereby certifies that it and its Customers and End- Users are not on the U.S. Department of Commerce's Denied Persons List, Entity List or affiliated affi liated lists or on the U.S. Department of Treasury's Specially Designated Nationals List and are not otherwise prohibited from receiving the Products or Service. Reseller agrees to comply strictly with all U.S. and host country import/export laws and assumes sole responsibility for obtaining licenses to import, export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the License Exception ENC Favorable Treatment Countries (Supplement No. 3 to Part 740 of the U.S. Export Administration Regulations). This provision shall survive the expiration or termination of this Agreement. Upon request by Malwarebytes, Reseller shall provide certificates signed by an authorized representative of Reseller, certifying compliance with applicable laws in general and with specific laws, as requested by Malwarebytes. The Reseller agrees that Reseller is responsible to pass down the requirements of this Section to any of its reseller partners, Integrators, MSSP's, and end users, or other entities to which Reseller sells any Malwarebytes Products or Services and that Malwarebytes is not responsible for Reseller's export or import into the applicable Territory. Furthermore, Reseller hereby agrees that, for any orders that Reseller places with Malwarebytes whereby any unique legal or regulatory requirements may apply to Malwarebytes (such as any requirements related to the International Traffic in Arms Regulations "ITAR", or Buy American Act "BAA", or any requirements related to the Trade Agreements Act "TAA"), Reseller is responsible to clearly describe in detail any of those requirements in writing on the Purchase Order submitted to Malwarebytes.

Export and Import Controls. Reseller acknowledges and agrees that Malwarebytes Company is a US-headquartered company, and that the Product, Software, Documentation, Confidential Information, technical data, and performance of the Services are subject to export and import control laws and regulations of various countries. Such laws and regulations include, without limitation U.S. Export Administration Regulations, and in the performance of its obligations, Reseller shall at all times strictly comply with, and shall cause its agents, end-users, customers, representatives and suppliers to comply with, all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, export controls, anti-anti - boycott, banking or ITAR regulations. Reseller expressly agrees that Reseller shall not, and shall cause its representatives, agents, end-users, and customers (if any) not to (a) export, re-export, divert or transfer MalwarebytesCompany's Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from MalwarebytesCompany's Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by the United States or host country's export controls, and shall obtain required U.S and foreign export and import licenses, as applicable. As part of its compliance efforts, Reseller Xxxxxxxx agrees to include provisions at least as restrictive as the provisions in this Section in any of its contracts with partners, agents, suppliers, end-end- users, customers, or representatives. Additionally, Reseller Xxxxxxxx agrees that none of the Products, Software, Services, Documentation, Malwarebytes Company technology, materials, tools or technical data is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to any US or foreign proscribed or embargoed or terrorist countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless Reseller has received authorization by the US Government and/or the appropriate foreign government. Reseller further agrees not to process or incorporate MalwarebytesCompany's products and technology into secondary products which contribute to the design, development, production, stockpiling or use of nuclear, chemical/biological weapons or missiles. Proscribed countries are set forth in the U.S. Export Administration Regulations and any appropriate foreign regulations. Reseller hereby certifies that it and its Customers and End- Users are not on the U.S. Department of Commerce's Denied Persons List, Entity List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List and are not otherwise prohibited from receiving the Products or Service. Reseller Xxxxxxxx agrees to comply strictly with all U.S. and host country import/export laws and assumes sole responsibility for obtaining licenses to import, export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the License Exception ENC Favorable Treatment Countries (Supplement No. 3 to Part 740 of the U.S. Export Administration Regulations). This provision shall survive the expiration or termination of this Agreement. Upon request by MalwarebytesCompany, Reseller shall provide certificates signed by an authorized representative of Reseller, certifying compliance with applicable laws in general and with specific laws, as requested by MalwarebytesCompany. The Reseller agrees that Reseller is responsible to pass down the requirements of this Section to any of its reseller partners, Integrators, MSSP's, and end users, or other entities to which Reseller sells any Malwarebytes Company Products or Services and that Malwarebytes Company is not responsible for Reseller's export or import into the applicable Territory. Furthermore, Reseller hereby agrees that, for any orders that Reseller places with Malwarebytes Company whereby any unique legal or regulatory requirements may apply to Malwarebytes Company (such as any requirements related to the International Traffic in Arms Regulations "ITAR", or Buy American Act "BAA", or any requirements related to the Trade Agreements Act "TAA"), Reseller is responsible to clearly describe in detail any of those requirements in writing on the Purchase Order submitted to MalwarebytesCompany.

Export and Import Controls. Reseller FortiPartner acknowledges and agrees that Malwarebytes Fortinet is a US-headquartered company, and that the Product, Software, Documentation, Confidential Information, technical data, and performance of the Services are subject to export and import control laws and regulations of various countries. Such laws and regulations include, without limitation U.S. Export Administration Regulations, and in the performance of its obligations, Reseller FortiPartner shall at all times strictly comply with, and shall cause its agents, end-users, customers, representatives and suppliers to comply with, all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, export controls, anti-boycott, banking or ITAR regulations. Reseller FortiPartner expressly agrees that Reseller FortiPartner shall not, and shall cause its representatives, agents, end-users, and customers (if any) not to (a) export, re-export, divert or transfer MalwarebytesFortinet's Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from MalwarebytesFortinet's Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by the United States or host country's export controls, and shall obtain required U.S and foreign export and import licenses, as applicable. As part of its compliance efforts, Reseller FortiPartner agrees to include provisions at least as restrictive as the provisions in this Section in any of its contracts with partners, agents, suppliers, end-users, customers, or representatives. Additionally, Reseller FortiPartner agrees that none of the Products, Software, Services, Documentation, Malwarebytes Fortinet technology, materials, tools or technical data is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to any US or foreign proscribed or embargoed or terrorist countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless Reseller FortiPartner has received authorization by the US Government and/or the appropriate foreign government. Reseller FortiPartner further agrees not to process or incorporate MalwarebytesFortinet's products and technology into secondary products which contribute to the design, development, production, stockpiling or use of nuclear, chemical/biological weapons or missiles. Proscribed countries are set forth in the U.S. Export Administration Regulations and any appropriate foreign regulations. Reseller FortiPartner hereby certifies that it and its Customers and End- End-Users are not on the U.S. Department of Commerce's Denied Persons List, Entity List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List and are not otherwise prohibited from receiving the Products or Service. Reseller FortiPartner agrees to comply strictly with all U.S. and host country import/export laws and assumes sole responsibility for obtaining licenses to import, export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the License Exception ENC Favorable Treatment Countries (Supplement No. 3 to Part 740 of the U.S. Export Administration Regulations). This provision shall survive the expiration or termination of this Agreement. Upon request by MalwarebytesFortinet, Reseller FortiPartner shall provide certificates signed by an authorized representative of ResellerFortiPartner, certifying compliance with applicable laws in general and with specific laws, as requested by MalwarebytesFortinet. The Reseller FortiPartner agrees that Reseller FortiPartner is responsible to pass down the requirements of this Section to any of its reseller partners, Integrators, MSSP's, and end users, or other entities to which Reseller FortiPartner sells any Malwarebytes Fortinet Products or Services and that Malwarebytes Fortinet is not responsible for ResellerFortiPartner's export or import into the applicable Territory. Furthermore, Reseller FortiPartner hereby agrees that, for any orders that Reseller FortiPartner places with Malwarebytes Fortinet whereby any unique legal or regulatory requirements may apply to Malwarebytes Fortinet (such as any requirements related to the International Traffic in Arms Regulations "ITAR", or Buy American Act "BAA", or any requirements related to the Trade Agreements Act "TAA"), Reseller FortiPartner is responsible to clearly describe in detail any of those requirements in writing on the Purchase Order submitted to MalwarebytesFortinet.

Export and Import Controls. Reseller acknowledges and agrees that Malwarebytes is a US-headquartered company, and that the Product, Software, Documentation, Confidential Information, technical data, and performance of the Services are subject to export and import control laws and regulations of various countries. Such laws and regulations include, without limitation U.S. Export Administration Regulations, and in the performance of its obligations, Reseller shall at all times strictly comply with, and shall cause its agents, end-users, customers, representatives and suppliers to comply with, all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, export controls, anti-boycottanti -boycott, banking or ITAR regulations. Reseller expressly agrees that Reseller shall not, and shall cause its representatives, agents, end-users, and customers (if any) not to (a) export, re-export, divert or transfer Malwarebytes's Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from Malwarebytes's Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by the United States or host country's export controls, and shall obtain required U.S and foreign export and import licenses, as applicable. As part of its compliance efforts, Reseller Xxxxxxxx agrees to include provisions at least as restrictive as the provisions in this Section in any of its contracts with partners, agents, suppliers, end-users, customers, or representatives. Additionally, Reseller Xxxxxxxx agrees that none of the Products, Software, Services, Documentation, Malwarebytes technology, materials, tools or technical data is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to any US or foreign proscribed or embargoed or terrorist countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless Reseller has received authorization by the US Government and/or the appropriate foreign government. Reseller further agrees not to process or incorporate Malwarebytes's products and technology into secondary products which contribute to the design, development, production, stockpiling or use of nuclear, chemical/biological weapons or missiles. Proscribed countries are set forth in the U.S. Export Administration Regulations and any appropriate foreign regulations. Reseller hereby certifies that it and its Customers and End- Users are not on the U.S. Department of Commerce's Denied Persons List, Entity List or affiliated affi liated lists or on the U.S. Department of Treasury's Specially Designated Nationals List and are not otherwise prohibited from receiving the Products or Service. Reseller Xxxxxxxx agrees to comply strictly with all U.S. and host country import/export laws and assumes sole responsibility for obtaining licenses to import, export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the License Exception ENC Favorable Treatment Countries (Supplement No. 3 to Part 740 of the U.S. Export Administration Regulations). This provision shall survive the expiration or termination of this Agreement. Upon request by Malwarebytes, Reseller shall provide certificates signed by an authorized representative of Reseller, certifying compliance with applicable laws in general and with specific laws, as requested by Malwarebytes. The Reseller agrees that Reseller is responsible to pass down the requirements of this Section to any of its reseller partners, Integrators, MSSP's, and end users, or other entities to which Reseller sells any Malwarebytes Products or Services and that Malwarebytes is not responsible for Reseller's export or import into the applicable Territory. Furthermore, Reseller hereby agrees that, for any orders that Reseller places with Malwarebytes whereby any unique legal or regulatory requirements may apply to Malwarebytes (such as any requirements related to the International Traffic in Arms Regulations "ITAR", or Buy American Act "BAA", or any requirements related to the Trade Agreements Act "TAA"), Reseller is responsible to clearly describe in detail any of those requirements in writing on the Purchase Order submitted to Malwarebytes.

Export and Import Controls. Reseller acknowledges and agrees that Malwarebytes is a US-headquartered company, and that the Product, Software, Documentation, Confidential Information, technical data, and performance of the Services are subject to export and import control laws and regulations of various countries. Such laws and regulations include, without limitation U.S. Export Administration Regulations, and in the performance of its obligations, Reseller shall at all times strictly comply with, and shall cause its agents, end-users, customers, representatives and suppliers to comply with, all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, export controls, anti-boycott, banking or ITAR regulations. Reseller expressly agrees that Reseller shall not, and shall cause its representatives, agents, end-users, and customers (if any) not to (a) export, re-export, divert or transfer Malwarebytes's Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from Malwarebytes's Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by the United States or host country's export controls, and shall obtain required U.S and foreign export and import licenses, as applicable. As part of its compliance efforts, Reseller Xxxxxxxx agrees to include provisions at least as restrictive as the provisions in this Section in any of its contracts with partners, agents, suppliers, end-users, customers, or representatives. Additionally, Reseller Xxxxxxxx agrees that none of the Products, Software, Services, Documentation, Malwarebytes technology, materials, tools or technical data is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to any US or foreign proscribed or embargoed or terrorist countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless Reseller has received authorization by the US Government and/or the appropriate foreign government. Reseller further agrees not to process or incorporate Malwarebytes's products and technology into secondary products which contribute to the design, development, production, stockpiling or use of nuclear, chemical/biological weapons or missiles. Proscribed countries are set forth in the U.S. Export Administration Regulations and any appropriate foreign regulations. Reseller hereby certifies that it and its Customers and End- Users are not on the U.S. Department of Commerce's Denied Persons List, Entity List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List and are not otherwise prohibited from receiving the Products or Service. Reseller Xxxxxxxx agrees to comply strictly with all U.S. and host country import/export laws and assumes sole responsibility for obtaining licenses to import, export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the License Exception ENC Favorable Treatment Countries (Supplement No. 3 to Part 740 of the U.S. Export Administration Regulations). This provision shall survive the expiration or termination of this Agreement. Upon request by Malwarebytes, Reseller shall provide certificates signed by an authorized representative of Reseller, certifying compliance with applicable laws in general and with specific laws, as requested by Malwarebytes. The Reseller agrees that Reseller is responsible to pass down the requirements of this Section to any of its reseller partners, Integrators, MSSP's, and end users, or other entities to which Reseller sells any Malwarebytes Products or Services and that Malwarebytes is not responsible for Reseller's export or import into the applicable Territory. Furthermore, Reseller hereby agrees that, for any orders that Reseller places with Malwarebytes whereby any unique legal or regulatory requirements may apply to Malwarebytes (such as any requirements related to the International Traffic in Arms Regulations "ITAR", or Buy American Act "BAA", or any requirements related to the Trade Agreements Act "TAA"), Reseller is responsible to clearly describe in detail any of those requirements in writing on the Purchase Order submitted to Malwarebytes.

Export and Import Controls. Reseller Program Member acknowledges and agrees that Malwarebytes is a US-US- headquartered company, and that the Product, Software, Documentation, Confidential Information, and technical data, and performance of the Services are subject to export and import control laws and regulations of various countries. Such laws and regulations include, without limitation U.S. Export Administration Regulations, and in the performance of its obligations, Reseller Program Member shall at all times strictly comply with, and shall cause its agents, end-users, customers, representatives and suppliers to comply with, all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, export controls, anti-boycott, banking or ITAR regulations. Reseller Program Member expressly agrees that Reseller Program Member shall not, and shall cause its representatives, agents, end-users, and customers (if any) not to (a) export, re-export, divert or transfer Malwarebytes's Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from Malwarebytes's Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by the United States or host country's export controls, and shall obtain required U.S and foreign export and import licenses, as applicable. As part of its compliance efforts, Reseller Program Member agrees to include provisions at least as restrictive as the provisions in this Section in any of its contracts with partners, agents, suppliers, end-users, customers, or representatives. Additionally, Reseller Program Member agrees that none of the Products, Software, Services, Documentation, Malwarebytes technology, materials, tools or technical data is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to any US or foreign proscribed or embargoed or terrorist countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless Reseller Program Member has received authorization by the US Government and/or the appropriate foreign government. Reseller Program Member further agrees not to process or incorporate Malwarebytes's products and technology into secondary products which contribute to the design, development, production, stockpiling or use of nuclear, chemical/biological weapons or missiles. Proscribed countries are set forth in the U.S. Export Administration Regulations and any appropriate foreign regulations. Reseller Program Member hereby certifies that it and its Customers and End- Users EndUsers are not on the U.S. Department of Commerce's Denied Persons List, Entity List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List and are not otherwise prohibited from receiving the Products or ServiceProducts. Reseller Program Member agrees to comply strictly with all U.S. and host country import/export laws and assumes sole responsibility for obtaining licenses to import, export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the License Exception ENC Favorable Treatment Countries (Supplement No. 3 to Part 740 of the U.S. Export Administration Regulations). This provision shall survive the expiration or termination of this Agreement. Upon request by Malwarebytes, Reseller Program Member shall provide certificates signed by an authorized representative of ResellerProgram Member, certifying compliance with applicable laws in general and with specific laws, as requested by Malwarebytes. The Reseller Program Member agrees that Reseller Program Member is responsible to pass down the requirements of this Section to any of its reseller partners, Integrators, MSSP's, and end users, or other entities to which Reseller Program Member sells any Malwarebytes Products or Services and that Malwarebytes is not responsible for ResellerProgram Member's export or import into the applicable Territory. Furthermore, Reseller Program Member hereby agrees that, for any orders that Reseller Program Member places with Malwarebytes whereby any unique legal or regulatory requirements may apply to Malwarebytes (such as any requirements related to the International Traffic in Arms Regulations "ITAR", or Buy American Act "BAA", or any requirements related to the Trade Agreements Act "TAA"), Reseller Program Member is responsible to clearly describe in detail any of those requirements in writing on the Purchase Order submitted to Malwarebytes.