Effective Date: November 6, 2018.
If Customer or any of your Authorized Users (also referred to herein as “You”) stores and processes data regulated under International Traffic in Arms Regulations, 22 CFR 120-130 “ITAR” (referred to herein as “ITAR-Regulated Data”) in utilizing the Ease, Inc., Beacon Quality product and services (also referred to herein as “Beacon Quality”), you must conform to the following ITAR requirements, in addition to any other ITAR or export control restrictions that may be applicable to you:
- You are an individual or entity that qualifies as a U.S. Person under the applicable regulations.
- You have and will maintain a valid Directorate of Defense Trade Controls (DDTC) registration.
- You have full export privileges under U.S. export control laws and regulations and are not a denied or debarred party or otherwise subject to sanctions.
- If your export control privileges are revoked, suspended or terminated, or you otherwise become subject to sanctions or are barred from maintaining export-controlled data, you will immediately remove ITAR Regulated Data and other export-controlled data from Beacon Quality.
- You must maintain an effective compliance program to ensure compliance with applicable U.S. export control laws and regulations, including ITAR, if applicable.
Note: If you store or process any ITAR-Regulated Data using Beacon Quality, the owner of any Beacon Quality Organization Administrator account must be a U.S. person. As part of the shared responsibility model, you are responsible for restricting access to any Authorized Users and to your application in accordance with regulations that apply to you.
ITAR Boundary for Beacon Quality If you maintain ITAR-Regulated Data in Beacon Quality, you must comply with ITAR. For more information about the ITAR boundaries for each service, view the service-specific information in https://www.pmddtc.state.gov/?id=ddtc_kb_article_page&sys_id=24d528fddbfc930044f9ff621f961987
Customer Representations and ITAR Indemnification You have been advised and hereby acknowledge that ITAR-Regulated Data may not be exported, temporarily imported, re-exported or retransferred and such ITAR-Regulated Data may not be exported to a foreign person in the U.S. or abroad without complying with all relevant requirements of ITAR, including the requirement to obtain any written export, temporary import or re-export or retransfer authorization from DDTC, or otherwise make and document the determination that an ITAR licensing exemption applies, as the case may be. You hereby agree to defend, indemnify, and hold harmless Ease, Inc., our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to any claim concerning your failure to comply with any rules and restrictions promulgated under ITAR.