Compliance with Export Control Regulations
1.1. When transferring the goods supplied by Radium (including hardware and/or software and/or technology, as well as associated documentation, regardless of the manner in which they are made available) or the works and services provided by Radium (including technical support of any kind) to third parties, the recipient must comply with the applicable provisions of national and international (re-)export control law. In any event, when transferring such goods, works and services to third parties, the Recipient must comply with the (re-)export control regulations of the Federal Republic of Germany, the European Union and the United States of America.
1.2. Prior to transferring the goods supplied by Radium or the works and services provided by Radium to third parties, the recipient shall, in particular, verify and ensure through appropriate measures that
- he does not, through such disclosure to third parties, through the brokering of contracts for such goods, works and services, or through the provision of other economic resources in connection with such goods, works and services, in breach of an embargo imposed by the European Union, the United States of America and/or the United Nations – taking into account any restrictions on domestic transactions and any prohibitions on circumvention;
- such goods, works and services are not intended for any prohibited or licence-requiring use relating to armaments, nuclear technology or weapons technology, unless any necessary licences have been obtained;
the provisions of all relevant sanctions lists of the European Union and the United States of America concerning business dealings with the companies, persons or organisations named therein are complied with.
1.3. Where necessary for the performance of export control checks by authorities or by Radium, the Recipient shall, upon request, immediately provide Radium with all information regarding the final recipient, the final destination and the intended use of the goods supplied by Radium or the works and services provided by Radium, as well as any applicable export control restrictions in this regard.
1.4. The Recipient shall fully indemnify Radium against any claims made against Radium by public authorities or other third parties arising from the Recipient’s failure to comply with the above export control obligations, and undertakes to reimburse Radium for all losses and expenses incurred in this connection.