The following commitments shall form an integral part of the Authorized Distributor Purchase Agreement between Seagate Cloud Systems, Inc, together with Seagate Technology, LLC (“Seagate”) and Distributor.
- Distributor will comply with all applicable trade laws and regulations affecting any products and services supplied by Seagate, including applicable United States and local laws and regulations. Distributor agrees, in particular, as follows:
- Distributor is advised that certain Seagate products are subject to export or import control restrictions, in particular restrictions related to encryption technology. Only products which are not subject to export control or import control restrictions are authorized for sale into Russia or Belarus;
- Distributor will not knowingly directly or indirectly transfer or use any Seagate products, technology, or software in violation of any applicable economic sanctions or embargoes, including, but not limited to, the United States’ restrictions on trade with Russia, the Crimea region, the Donbass region, Donetsk People’s Republic, and Lugansk People’s Republic, or other occupied territories of Ukraine;
- Distributor represents and warrants that Distributor is not a Restricted Party (defined as any party listed in the United States’ Consolidated Screening List or any other applicable restricted party list), and is not 50% or more owned or controlled by one or more Restricted Party. Distributor will not knowingly directly or indirectly engage in any transaction involving Seagate products, technology, or software in violation of restrictions on individuals and entities listed in the United States’ Consolidated Screening List, the Entity List or any other applicable restricted party list;
- Distributor will not knowingly directly or indirectly transfer or use any Seagate products, technology, or software in activities that involve the development, production, use or stockpiling of nuclear, chemical, or biological weapons, unsafeguarded nuclear materials, missiles, unmanned aerial vehicles, or nuclear propulsion;
- Distributor will not knowingly directly or indirectly transfer Seagate products, technology, or software to government end-users in Russia or for military or military intelligence end- use or end-users (including to the national guard, national police, or government intelligence or reconnaissance services) in Belarus, Burma, Cambodia, China, Russia, or Venezuela, including but not limited to parties identified in the United States’ Military End-Users list.
