10. Compliance with Export Control Regulations
Te10.1. If the User transfers information, software and documentation provided by Siemens to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union and of the United States of America.xt
10.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that
- There will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by Siemens, also considering the limitations of domestic business and prohibitions of by-passing those embargos;
- Such information, software and documentation provided by Siemens are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;
- The regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.
10.3. If required to enable authorities or Siemens to conduct export control checks, the User, upon request by Siemens, shall promptly provide Siemens with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by Siemens, as well as any export control restrictions existing.
10.4. The User shall indemnify and hold harmless Siemens from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate Siemens for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.
10.5. Siemens' obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.