Common use of Export and Import Restrictions Clause in Contracts

Export and Import Restrictions. This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, U.S. restrictions on exports or reexports. The following units of measure may apply to Licensee's use of the Program. Authorized User Authorized User is a unit of measure by which the Program can be licensed. An Authorized User is a unique person who is given access to the Program. The Program may be installed on any number of computers or servers and each Authorized User may have simultaneous access to any number of instances of the Program at one time. Licensee must obtain separate, dedicated entitlements for each Authorized User given access to the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means. An entitlement for an Authorized User is unique to that Authorized User and may not be shared, nor may it be reassigned other than for the permanent transfer of the Authorized User entitlement to another person. Any computing device that requests the execution of or receives for execution a set of commands, procedures, or applications from the Program or that is otherwise managed by the Program is considered a separate User of the Program and requires an entitlement as if that device were a person. In addition to the above, the following terms apply to Licensee's use of the Program. Authorized Users may use their entitlement to communicate with External Users without requiring a separate entitlement for those External Users. For example, an Authorized User can distribute HCL Sametime Connect Clients to External Users for the sole purpose of accessing the Authorized User's Servers. An External User is a unique person, not employed in, paid by, or acting on behalf of Licensee's Enterprise, who is given access to the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means by an Authorized User entitled to use the Program to communicate only with those same entitled users. THE PROGRAM SHOULD NOT BE USED TO MAKE EMERGENCY CALLS (E.G. 211, 911, 999, ETC). WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, HCL, ITS AFFILIATES, SUPPLIERS AND RESELLERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSE. Supporting Program Details: HCL DB2 Enterprise Server Edition:

Export and Import Restrictions. This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, U.S. restrictions on exports or reexports. The following units of measure may apply to Licensee's use of the Program. Authorized User Authorized User is a unit of measure by which the Program can be licensed. An Authorized User is a unique person who is given access to the Program. The Program may be installed on any number of computers or servers and each Authorized User may have simultaneous access to any number of instances of the Program at one time. Licensee must obtain separate, dedicated entitlements for each Authorized User given access to the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means. An entitlement for an Authorized User is unique to that Authorized User and may not be shared, nor may it be reassigned other than for the permanent transfer of the Authorized User entitlement to another person. Any computing device that requests the execution of or receives for execution a set of commands, procedures, or applications from the Program or that is otherwise managed by the Program is considered a separate User of the Program and requires an entitlement as if that device were a person. In addition to the above, the following terms apply to Licensee's use of the Program. Authorized Users may use their entitlement to communicate with External Users without requiring a separate entitlement for those External Users. For example, an Authorized User can distribute HCL Sametime Connect Clients to External Users for the sole purpose of accessing the Authorized User's Servers. An External User is a unique person, not employed in, paid by, or acting on behalf of Licensee's Enterprise, who is given access to the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means by an Authorized User entitled to use the Program to communicate only with those same entitled users. THE PROGRAM SHOULD NOT BE USED TO MAKE EMERGENCY CALLS (E.G. 211Notwithstanding any provision in the Agreement, 911, 999, ETC). WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, HCL, ITS AFFILIATES, SUPPLIERS AND RESELLERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSE. Licensee is not authorized to use any of the following components or functions of the Program: Presence Awareness outside of a Sametime Meeting Room HCL Sametime Web Chat Client HCL Sametime Mobile Chat clients HCL Sametime Connect Client Supporting Program Details: HCL DB2 Enterprise Server Edition: