Reference Guide

Internal Use - Confidential
(collectively, the “Materials”) are intended for its own use, not for resale, export, re-export, or transfer.
Customer is subject to and responsible for compliance with the export control and economic sanctions
laws of the United States, the European Union and other applicable jurisdictions. Materials may not be
used, sold, leased, exported, imported, re-exported, or transferred except in compliance with such laws,
including, without limitation, export licensing requirements, end user, end-use, and end-destination
restrictions, prohibitions on dealings with sanctioned individuals and entities, including but not limited to
persons on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons
List, or the U.S. Department of Commerce Denied Persons List. Customer represents and warrants that it
is not the subject or target of, and that Customer is not located in a country or territory (including without
limitation, North Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of, economic sanctions
of the United States, European Union or other applicable jurisdictions.
12.3 Customer Responsibility. Customer agrees that it will obtain all necessary rights, permissions and
consents associated with: (a) technology or data (including personal data) that Customer and its Affiliates
provide to Supplier or its Affiliates, and (b) non-Supplier software or other components that Customer and
its Affiliates direct or request that Supplier or its Affiliates use with, install, or integrate as part of the
Supplier’s Offerings. Customer is solely responsible for reviewing data that will be provided to or
accessed by Supplier in the provision of the Offerings to ensure that it does not contain: (i) data that is
classified, ITAR (International Traffic in Arms Regulations) related data, or both; or (ii) articles, services,
and related technical data designated as defense articles and defense services. Customer will defend
and indemnify Supplier and its Affiliates against any third party claim resulting from a breach of the
foregoing, or from Customer’s infringement or misappropriation of intellectual property rights of Supplier,
its Affiliates or third parties.
12.4 Encryption. Customer certifies that all items (including hardware, software, technology and other
materials) it provides to Supplier for any reason that contain or enable encryption functions either (a)
satisfy the criteria in the Cryptography Note (Note 3) of Category 5, Part 2 of the Wassenaar Arrangement
on Export Controls for Conventional Arms (Wassenaar Arrangement) and Dual-Use Goods and
Technologies and Category 5, Part 2 of the U.S. Commerce Control List (CCL) or (b) employ key length
of 56-bit or less symmetric, 512-bit asymmetric or less, and 112-bit or less elliptic curve or (c) are
otherwise not subject to the controls of Category 5, Part 2 of the Wassenaar Arrangement and Category
5, Part 2 of the CCL. Supplier is not responsible for determining whether any third party product to be
used in the products and services satisfies regulatory requirements of the country to which such products
or services are to be delivered or performed. Supplier shall not be obligated to provide any product or
service where the product or service is prohibited by law or does not satisfy the local regulatory
requirements.
12.5 U.S. Government Restricted Rights. The software and documentation provided with the Products
and Services are “commercial items” as that term is defined at 48 C.F.R. 12.101, consisting of
“commercial computer software” and “commercial computer software documentation” as such terms are
used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-