Trademarks | Export Compliance

Trademarks

MAXDRIVE™ is a trademark of KeyW Corporation.

Windows® is a registered trademark of Microsoft Corporation.

Toughbook® is a registered trademark of Panasonic Corporation.

Linux® is a registered trademark of Linus Torvalds.

Export Compliance

Customer agrees to comply with all applicable United States export laws regarding MAXDRIVE™ hereunder and that it will not export or re-export, directly or indirectly, MAXDRIVE™ or technical data provided hereunder, nor any product thereof, in any form including, but not limited to, software/firmware, written, printed, verbal, telephonic, fax or electronic communication, to any country to which such export is restricted by United States law or regulations without the prior written consent, if required, of appropriate United States Government agencies including the Office of Export Administration, Department of Commerce.

Customer acknowledges that MAXDRIVE™ may be subject to export regulations by the United States Government and import regulations by certain foreign governments. This includes Government control over the export and re-export of MAXDRIVE™ or technical data whether by sale, resale, transfer, or transmission by download or otherwise, by any customer. Customer will comply with all Government export laws and regulations including, but not limited to, the United States Department of Commerce (DOC) Export Administration Regulations (EAR), the Office of Foreign Assets Control (OFAC) regulations and directives as administered by the Department of Treasury, the International Traffic in Arms Regulations (ITAR) as administered by the Department of State, and all Government Executive Orders, statutes, amendments or supplements thereto, including all applicable international, state, regional and local export laws and regulations.

Customer shall not export, re-export, resell, transfer, cause to be transferred, or participate in a transfer, or otherwise, directly or indirectly, MAXDRIVE™ or technical data, or facilitate a transaction regarding same, into any prohibited country or territory mentioned in the EAR or OFAC regulations, to any denied person or entity; or against any general denial order of the DOC or any Government entity, including but not limited to, the Denied Persons List, Entities List, the Unverified List, or to any person or entity on any current or revised OFAC list, currently the Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists lists; or to any military entity not authorized under the applicable provisions of the EAR; and will not export or re-export into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to Government trade sanctions, to individuals, nationals, or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions.

Customer is responsible for knowing and understanding United States export and re-export restrictions, updates, revisions, and supplements thereto, applicable to MAXDRIVE™, prior to the export or re-export of such products. Upon request of KeyW, customer agrees to provide KeyW with any information requested to which it has access as reasonably needed by KeyW in order to comply with any United States Government order, audit or request regarding compliance with the regulations, treaties, laws and requirements mentioned in this section titled Export Compliance.

No MAXDRIVE™ or technical data provided by KeyW shall be used either directly or indirectly in any nuclear activity nor the design, development, production, stockpiling, transportation or use of nuclear, biological or chemical weapons or missiles nor in any facility engaged in such activities without prior written authorization from the United States Government. All transactions are conditioned upon the obtaining by customer and the continuing validity of all necessary United States governmental approvals including, but not limited to, export licenses and no transaction shall be required by KeyW hereunder without such approvals.

Customer shall not, directly or indirectly, make, offer or agree to make or offer on behalf of KeyW, its officers, directors, employees or agents, any loan, gift, donation or other payment, directly or indirectly, whether in cash or in kind, for the benefit of or at the direction of any candidate, committee, political party, political function or government or government subdivision, or any individual elected, appointed or otherwise designated as an employee or officer thereof, for the purposes of influencing any act or decision of such entity or individual or inducing such entity or individual to do or omit to do anything in order to obtain or retain business or other benefits in violation of the United States Foreign Corrupt Practices Act.

Customer shall not, directly or indirectly, take any action that would cause KeyW to be in violation of United States anti-boycott laws under the United States Export Administration Act or the United States Internal Revenue Code, or any regulation thereunder.