Common use of ACCEPTABLE USE AND CONDUCT Clause in Contracts

ACCEPTABLE USE AND CONDUCT. Licensee is solely responsible for Licensee’s conduct and for any use of the Services, and for the content and use of the Data accessed by any person via the Acronis Account. The Licensee may use the Software and Services for Licensee’s internal use only (including the transmission of Data stored through the Services), and only in compliance with all applicable laws, rules, and regulations (including local, state, national, and international laws and regulations) and not in violation of any third party rights. Without limiting the foregoing: (1) You acknowledge and agree that the Software may be subject to export controls in the United States and other countries. You understand that Data may be stored using the Services outside of the United States, and you agree to not use the Software or the Services to export Data in violation of any United States export laws or regulations. You agree to comply with all United States export laws and regulations and with all export or import regulations of other countries, and you shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or Services or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; or (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. (2) The Software and Services shall not be used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity. Any unauthorized use of any Services is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. (3) The Software or Service may not be used to store, backup, or distribute child pornography or other content or data that is illegal under the relevant laws of United States, Switzerland, Singapore and any jurisdiction applicable to Licensee. You agree to comply strictly with all such laws and regulations. (4) You may not use the Software or Service if you are a citizen, national, or resident of, or are under control of the government of: Cuba, Iran, Sudan, Libya, North Korea, Syria, or any other country to which the United States has prohibited export. Each time you use the Software or Service you represent, warrant, and covenant that: (i) you are not a citizen, national, or resident of, nor under the control of the government of any such country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) you are not listed on the U.S. Department of Treasury's Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State's List of Statutorily Debarred Parties, or the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the above mentioned lists; (v) you will neither use nor allow the Software to be used for any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction; (vi) the Software and the Services will not be exported, directly, or indirectly, in violation of these laws, nor will the Software or Services be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) you are not using or permitting others to use the Software or Services to create, store, backup, distribute, or provide access to child pornography or any other content or data which is illegal under the relevant laws of the United States, Switzerland, Singapore and Licensee’s jurisdiction. Acronis will not decrypt your files unless i) it reasonably believes that it must do so to troubleshoot problems with the Software or Services or ii) it reasonably believes it must do so in order to comply with any law, subpoena, warrant, order, or regulation. Acronis may also provide access to your data to government authorities if Acronis suspects or believes that the data contain child pornography or other prohibited content or data or that the Data is being used for illegal purposes. You acknowledge that Acronis or Acronis affiliates may use servers and other equipment to provide the Software or Services that are located in the United States or in other countries where litigants, law enforcement, courts, and other agencies of the government may have the right to access data stored within their jurisdictions upon terms and conditions provided by local law, and that as a result, they may gain access to your backup data as provided by applicable local law. You agree to indemnify, defend, and hold Acronis, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, representatives, vendors, and suppliers harmless from and against any and all loss, cost, liability, and expense arising from or related to your Data, your use of the Software or the Services, or your violation of these Terms and Conditions. You agree to reimburse Acronis for any costs or fees related to its enforcement of this Agreement, including without limitation all expert fees and attorney fees charged by experts and counsel chosen by Acronis.