Product Export Terms & Conditions
Compliance with Export Control Laws of the United States
Please be advised that Avidyne products, technology, and software are subject to US export control and sanction laws, namely the Export Administration Regulations (EAR) enforced by U.S. Department of Commerce, Bureau of Industry and Security (BIS) and regulations issued pursuant to the International Emergency Economic Powers Act and enforced by the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC).
Buyer acknowledges that the product(s), technology, and/or software being purchased from Avidyne, including any documentation and related technical data included with, or contained in, such goods, and any products utilizing any such product(s), technology, and/or software, including any documentation or related technical data, may be subject to US export control laws and regulations, including the EAR and the International Traffic in Arms Regulations administered by the US Department of State and agrees:
- not to sell, resell, transfer, divert, export, re-export, or dispose of any product(s), technology, or software purchased from Avidyne to the following:
- any party on BIS’s Denied Persons List, Entity List, or Unverified List, U.S. Department of State’s Debarred Parties List or Nonproliferation List, or OFAC’s Specially Designated Nationals List without explicit authorization from those agencies; Please reference the consolidated screening list(s) @ https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/entity-list or the consolidated list screening tool @ https://www.export.gov/csl-search to search names and make determinations.
- any country subject to comprehensive sanctions imposed by the U.S. Government (for example, Cuba, Iran, N. Korea, Syria, Russia, Belarus, the Crimea Region of Ukraine, and Donetsk People’s Republic (DNR), Luhansk People’s Republic (LNR) regions of Ukraine); Please reference the OFAC website @ https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx current sanction lists.
- not to use or sell the product(s), technology, and/or software purchased from Avidyne in activities involving the development, production, handling, use, operation, maintenance, storage, detection, identification or dissemination of nuclear, chemical, biological weapons or missiles to deliver them. (including missiles and weapons of mass destruction) nor for use in any facility engaged in activities related to such weapons, including where there are reasonable grounds to suspect any such use;
- not to sell or resell the product(s), technology, and/or software purchased from Avidyne to a military end use in China or in any other country subject to an arms embargo (including without limitation an arms embargo imposed by the U.N., U.S., E.U., or O.S.C.E.) or for incorporation into an item designed, modified, configured, or adapted for a military application in China or any other country subject to an arms embargo; and
- not use or sell Avidyne products for incorporation into unmanned aerial vehicles (UAV) subject to the rocket system and UAV restrictions of EAR § 744.3 without obtaining an export license as required.
In the event that buyer authorizes a U.S. forwarding or other agent to facilitate an export from the United States, buyer agrees to:
- undertake the responsibility of determining any export license requirements, to obtain any export license or other official authorization, and carry out any Customs formalities for the export of the goods;
- have the forwarder, on behalf of the buyer, prepare, sign, and file the Electronic Export Information (EEI); and
- ensure that the forwarder, on behalf of the buyer, maintains documentation to support the information reported.