Common use of Export Matters Clause in Contracts

Export Matters. If Customer chooses to use these services, Customer does so on Customer’s own initiative and is responsible for complying with applicable laws. Customer will comply with all restrictions and regulations of the U.S. Department of Commerce and any other United States or foreign agencies and authorities regarding Customer’s and customer end users’ use of these services. Customer will not, in violation of any laws, transfer, or authorize the transfer of, any services (1) into, or for the benefit of, an entity located in any U.S. or U.N. embargoed countries; or (2) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Denial Orders or Entity List of proliferation concern, or the U.S. State Department’s Debarred Parties List. By using these services, Customer states that Customer and customer end users are not located in, under the control of, or a national or resident of any of these countries or on any list. In addition, Customer and customer end users will not use the services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons; weapons of mass destruction; or missiles; in a country listed in Country Groups D:4 and D:3, as stated in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations. Customer assumes responsibility for compliance with laws applicable to export, re-export, or import of products, technology, or technical data provided under this agreement and for obtaining required export and import authorizations. Customer and customer end users will not transfer to or through the services any data, materials, or other items controlled for export under the International Traffic in Arms Regulations (“ITAR Data”) or other applicable laws unless MojoHost has agreed to the transfer and (1) Customer has provided MojoHost at least 10 days’ advance written notice that ITAR Data will be transferred to or through the services, (2) Customer or customer end user has received advance written authorization from the U.S. Government to transfer the ITAR Data to MojoHost, and

Export Matters. If Customer chooses to use these services, Customer does so on Customer’s own initiative and is responsible for complying with applicable laws. Customer will comply with all restrictions and regulations of the U.S. Department of Commerce and any other United States or foreign agencies and authorities regarding Customer’s and customer end users’ use of these services. Customer will not, in violation of any laws, transfer, or authorize the transfer of, any services services (1) into, or for the benefit of, an entity located in any U.S. or U.N. embargoed countries; or (2) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Denial Orders or Entity List of proliferation concern, or the U.S. State Department’s Debarred Parties List. By using these services, Customer states that Customer and customer end users are not located in, under the control of, or a national or resident of any of these countries or on any list. In addition, Customer and customer end users will not use the services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons; weapons of mass destruction; or missiles; in a country listed in Country Groups D:4 and D:3, as stated in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations. Customer assumes responsibility for compliance with laws applicable to export, re-export, or import of products, technology, or technical data provided under this agreement and for obtaining required export and import authorizations. Customer and customer end users will not transfer to or through the services any data, materials, or other items controlled for export under the International Traffic in Arms Regulations (“ITAR Data”) or other applicable laws unless MojoHost ▇▇▇▇▇▇▇▇▇▇.▇▇▇ has agreed to the transfer and and (1) Customer has provided MojoHost ▇▇▇▇▇▇▇▇▇▇.▇▇▇ at least 10 ten days’ advance written notice that ITAR Data will be transferred to or through the services, (2) Customer or customer end user has received advance written authorization from the U.S. Government to transfer the ITAR Data to MojoHost▇▇▇▇▇▇▇▇▇▇.▇▇▇, andand (3) Customer agrees to help ▇▇▇▇▇▇▇▇▇▇.▇▇▇ to enable it to obtain U.S. Government permission. Customer is responsible, and will reimburse ▇▇▇▇▇▇▇▇▇▇.▇▇▇, for all costs, expenses, or damages ▇▇▇▇▇▇▇▇▇▇.▇▇▇ incurs in connection with Customer and customer end user transfer of ITAR Data.

Export Matters. If Customer chooses to use these servicesServices, Customer does so on Customer’s its own initiative and is responsible for complying compliance with applicable laws. Customer will agrees to comply with all restrictions and regulations of the U.S. Department of Commerce and any other United States or foreign agencies and authorities regarding in connection with Customer’s and customer end usersCustomer End Users’ use of these services. Customer will Services and to not, in violation of any laws, transfer, or authorize the transfer oftransfer, of any services Services (1a) into, into or for the benefit of, of an entity located in any U.S. or and/or U.N. embargoed countries; countries or (2b) to anyone on the U.S. Treasury Department’s 's List of Specially Designated Nationals, Nationals or the U.S. Commerce Department’s 's Table of Denial Orders or Entity List of proliferation concern, or the U.S. State Department’s 's Debarred Parties List. By using these servicesServices, Customer states represents and warrants that Customer and customer end users Customer End Users are not located in, under the control of, or a national or resident of any of these countries such country or on any such list. In addition, Customer and customer end users will Customer End Users may not use the services Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical, chemical or biological weapons; , weapons of mass destruction; , or missiles; , in a country listed in Country Groups D:4 D: 4 and D:3D: 3, as stated set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations. Customer assumes responsibility for compliance with laws and regulations applicable to export, re-export, export or import of products, technology, technology or technical data provided under this agreement hereunder and for obtaining required export and import authorizations. Customer and customer end users Customer End Users will not transfer to or through the services Services any data, materials, materials or other items controlled for export under the International Traffic in Arms Regulations (“ITAR Data”) or other applicable laws unless MojoHost SoftLayer has agreed to the transfer and (1i) Customer has provided MojoHost at least SoftLayer not less than 10 days’ advance prior written notice that ITAR Data will be transferred to or through the servicesServices, (2ii) Customer or customer end user and/or Customer End User has received advance prior written authorization from the U.S. Government to transfer the ITAR Data to MojoHostSoftLayer, andand (iii) Customer agrees to provide SoftLayer with all necessary assistance to enable SoftLayer to obtain such U.S. Government permission. Customer is responsible, and will reimburse SoftLayer, for all costs, expenses or damages incurred by SoftLayer in connection with Customer and Customer End User transfer of ITAR Data.