Common use of Export Approval Clause in Contracts

Export Approval. The parties recognize that PSI's ability to export its technology to SMOJ is a fundamental basis for this Agreement. PSI has a mass market exemption from United States government export restrictions for all elements of the ZipLock ESD System, with the exception of the ZipLock Builder. The ZipLock Builder is subject to United States government export restrictions. Export approval is required on a customer by customer basis, for a specific use. Approval is based on an applicant's agreement to responsible use and control of the encryption technology, and limits the use of the technology to ESD, the sale and distribution of other digital goods, and related information (such as manuals, guides, CD's, etc.). To date, PSI has received export approval from the United States government for the ZipLock Builder for every applicant. PSI shall use commercially reasonable efforts to obtain such export approval from United States government for the ZipLock CONFIDENTIAL TREATMENT REQUESTED [*] PORTIONS REDACTED FROM ▇▇▇▇▇ VERSION Builder and/or other ZipLock ESD System and any New Product, if necessary, for SMOJ, its Distributors and its End Users in accordance with the requests made by SMOJ from time to time at PSI's cost and responsibility. SMOJ agrees to reasonably cooperate with PSI in obtaining such approvals and to bear a portion of the costs and application fees actually paid by PSI, provided, however, that in no event shall the portion of the application fees which SMOJ bears exceed $[495] for each application. The parties will cooperate with each other in ----- obtaining export licenses for the ZipLock Builder and/or other ZipLock ESD System and any New Product, if necessary, for SMOJ, its Distributors and its End Users, as appropriate. While PSI does not anticipate any undue difficulty in obtaining export approval for the ZipLock Builder and/or other ZipLock ESD System and any New Product, if applicable, for SMOJ, its Distributors or its End Users, the parties recognize that United States government policies and laws are subject to change. If the United States export laws on this matter do change, the parties agree to work together to meet the new export requirements.