Giga-byte Technology Co., Ltd. and its affiliates (hereinafter “Giga-byte Group”)’s hardware, software or services products (collectively, “Products”) are subject to export control and economic sanction laws of the United States, the European Union, and any other applicable jurisdictions (collectively “Applicable Trade Laws”)
Customer agrees to comply with all Applicable Trade Laws in receipt and handling of our Products. In particular, Customer:
1. shall not export/reexport Products to any country or person (individual, entity, or organization) to which such export/reexport is restricted or prohibited under all applicable Foreign Trade Control Laws unless obtaining all required licenses for such export/reexport. Customer acknowledges that it is its sole responsibility to obtain any license or other authorization required for us to export/reexport the Products.
2. agrees to comply fully with all requests by Giga-byte Group for information required in connection with the sale and shipment of the Products and with all terms and conditions of any export/import licenses or authorizations relating to the Products.
3. will not use the Products in or in relation to (i) nuclear end uses; (ii) rocket/missile systems or unmanned air vehicles; (iii) nuclear, biological, or chemical weapons or weapons of mass destructions; (iv) non-U.S. maritime nuclear propulsion projects; (v) non-U.S. vessels or aircraft; (vi) any military end use or end user prohibited by applicable law or terms of a license. Customer also will not export/reexport or transfer (in country) the Products for any of these restricted end uses or to any end users involved in these restricted end uses.
The European Union has issued numerous sanctions regulations targeting Russia and Belarus, including (i) Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine, as amended inter alia through Council Regulation (EU) 2023/2878 of 18 December 2023 and (ii) Council Regulation (EU) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus, as amended inter alia through Council Regulation (EU) 2024/1865 of 29 June 2024. Accordingly, we require our Customer to adhere to the following rules:
(1) Customer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under or in connection with this Agreement that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014.
(2) Customer shall not sell, export or re-export, directly or indirectly, to Belarus or for use in Belarus any goods supplied under or in connection with this Agreement that fall under the scope of Article 8g of Council Regulation (EU) No 765/2006.
(3) Customer shall undertake its best efforts to ensure that the purpose of paragraph (1) or paragraph (2) is not frustrated by any third parties further down the commercial chain, including by possible resellers.
(4) Customer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers that would frustrate the purpose of paragraph (1) or paragraph (2).
(5) Any violation of paragraphs (1), (2), (3) or (4) shall constitute a material breach of an essential element of this Agreement, and we shall be entitled to seek appropriate remedies, including, but not limited to:
(6) The Customer shall immediately inform us about any problems in applying paragraphs (1), (2), (3) or (4), including any relevant activities by third parties that could frustrate the purpose of paragraph (1) or paragraph (2). Customer shall make available to us information concerning compliance with the obligations under paragraph (1), (2), (3) or (4)within two weeks of the simple request of such information.