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Dear Ben,(I address this to all, maybe someone else also experiences that issue) going through the legal text (WHOEVER HAS HAD THE IDEA TO WRITE THIS WHOLE DOCUMENT IN ALL-CAPITAL??) I see a problem with this one:
1. Compliance With Laws. The parties agree that they shall comply
with all applicable laws and regulations of governmental bodies or
agencies in their performance under this Agreement. Without
limiting the generality of the foregoing, neither party will
knowingly export or re-export, directly or indirectly, any
technical data (as defined by the U.S. Export Administration
Regulations) produced or provided under this Agreement, or export
or re-export, directly or indirectly, any direct product of such
technical data, including software, to a destination to which such
export or re-export is restricted or prohibited by U.S. or
non-U.S. law, without obtaining prior authorization from U.S.
Department of Commerce and other competent government authorities
to the extent required by those laws.
(i) I don't see that us, being under German/European legislation, should
be subject to US-specific restrictions - which actually I don't even
know. I see the problem coming up that our legal department will frown.
(ii) there is no scope in time attached to this regulation - how long
should it be effective?
Do you have any idea how we can overcome this? Best, Peter
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