Company shall comply with all applicable export and re-export controls, embargoes, and economic and trade sanctions laws and regulations, including those of the United Sates (“Export Laws”) and shall obtain all required U.S. and local authorizations, permits or licenses. Company represents that the Lyve Services and Hardware (each as defined in the Lyve Customer Agreement, see https://www.seagate.com/legal/lyve-mobile-seagate-systems-leasing/customer-agreement/), will not be: (i) used by a restricted party or a party owned or controlled by one or more restricted parties on the Consolidated Screening List (trade.gov) for the United States or the EU Consolidated Sanctions List for Europe; (ii) exported, re-exported (including any deemed exports), shipped, distributed, delivered, sold, resold, supplied, or otherwise transferred, directly or indirectly, to any restricted party or otherwise in a manner contrary to the Export Laws; (iii) used for activities related to weapons of mass destruction including designing, developing, producing, or using nuclear, chemical, or biological weapons, materials, or facilities, or activities related to missiles or supporting missile projects; (iv) used for other military or military intelligence activities (including processing technical data controlled under the U.S. International Traffic in Arms Regulations) or other applicable countries’ laws on military or military intelligence end uses; (v) used in semiconductor manufacturing or supercomputing end uses in China, Macau, or any other restricted country or region (including those listed in the US Department of Commerce’s Country Group D5); or (vi) used in destinations subject to comprehensive U.S. embargoes including Cuba, Iran, North Korea, Syria, and the Crimea region or other occupied territories of Ukraine or in embargoed countries as determined by other applicable countries’ laws affecting the Services. The Service Terms for the applicable Lyve Service set forth additional international trade requirements for specific Services. A violation of the provisions of this paragraph (or international trade requirements in the Service Terms) serves as grounds for immediate suspension or termination of Services by Seagate. Company shall fully indemnify Seagate and its Affiliates for any and all costs, damages, expenses, fees (including attorneys’ fees), losses, liabilities, and penalties resulting from Company’s or its Authorized Users’ or customers’ failure to comply with Company’s international trade compliance obligations under this paragraph or the Service Terms.
Last Updated: July 16, 2024
