Machine Research Corporation (“MRC”) maintains a valid Directorate of Defense Trade Controls (DDTC) registration; however MRC’s DDTC registration confers no DDTC registration or other certification on Customer.

 

If Customer or any of Customer’s Authorized Users (collectively referred to herein as “You” or “Your”)) stores or processes data regulated under International Traffic in Arms Regulations, 22 CFR 120-130 “ITAR” (referred to herein as “ITAR-Regulated Data”) while using the services provided by MRC (the “MRC Services”), 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 the MRC Services.

• You must maintain an effective compliance program to ensure compliance with applicable U.S. export control laws and regulations, including ITAR, if applicable.

 

Account Ownership. Please note that if You store or process any ITAR-Regulated Data using the MRC Services, the owner of any MRC Services (US) 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 MRC Services.  If you maintain ITAR-Regulated Data in the MRC Services, 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/regulations_laws/itar.html

 

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 MRC, 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.