I agree that TE Connectivity Corporation, which is incorporated in Pennsylvania, USA and is a TE Connectivity Ltd. company and its subsidiaries and affiliates (collectively, “TE”), may collect, process, use, and store my Personal Data for the purposes of providing me with a product sample, providing program support, and for marketing and sales initiatives, and transferring such Personal Data to a third party (“Third Party”) for the sole purpose of fulfilling the shipment. For the purposes of this agreement, Personal Data shall be Defined as, any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute Personal Data.
I AGREE THAT TE AND THIRD PARTY ARE PROVIDING THE SAMPLE PRODUCT AND ASSOCIATED INFORMATION FOR EVALUATION PURPOSES ONLY AND THAT THE SAMPLE PRODUCT MAY NOT BE SOLD, USED FOR PRODUCTION PURPOSES, OR MONETIZED IN ANY WAY BY THE RECIPIENT OR ANY OTHER PARTY. I represent and warrant to TE as a condition to its shipping the sample product(s) that I will not use such products for future sale by me or a third party. ANY SALE OF THE SAMPLE PRODUCT IS STRICTLY PROHIBITED.
TE AND THIRD PARTY MAKE NO WARRANTIES,EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF THE INFORMATION OR THE SAMPLE PRODUCT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY FOR ANY INTENDED USE, OR NON-INFRINGEMENT. THE SAMPLE PRODUCT IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. THE INDIVIDUAL(S) OR ENTITY REQUESTING AND/OR USING THE SAMPLE PRODUCT ASSUMES ALL RESPONSIBILITY FOR THE USE OF SUCH SAMPLE PRODUCT AND AGREES TO INDEMNIFY AND HOLD TE AND THIRD PARTY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS RESULTING OR ARISING FROM SUCH USE.
I agree to comply with all applicable export control, sanctions, and anti-boycott laws and regulations of the United States (“U.S.”) and other applicable jurisdictions, including export licensing requirements and other required authorizations. These laws and regulations include but are not limited to: (i) the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. Ch 58; the Export Administration Regulations (EAR), 15 C.F.R. 730-780; the Arms Export Control Act of 1979, 22 U.S.C. ch. 39; the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120-130; European Union Council Regulation (EC) No 428/2009; and all other export control-related laws and regulations of the European Union, EU member states, Switzerland, United Kingdom, and other applicable jurisdictions (collectively, “Export Control Laws”), (ii) the International Emergency Economic Powers Act of 1977 (IEEPA), 50 U.S.C. Ch. 35; Trading with the Enemy Act of 1917 (TWEA), 12 U.S.C. § 95 and 50 U.S.C. § 4301 et seq; regulations administered and enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), 31 C.F.R. 500-599; economic sanctions administered and enforced by the European Union, EU member states, Switzerland, the United Kingdom, and United Nations; and all economic sanctions-related laws and regulations of other applicable jurisdictions (collectively, “Sanctions”), and (iii) laws and regulations relating to anti-boycott, including those administered and enforced by the U.S. Department of Commerce, Office of Antiboycott Compliance, and the U.S. Department of the Treasury, Internal Revenue Service (collectively, “Antiboycott Laws”). I, for and on behalf of myself and any entity acknowledge that all items, technical data, and technology (collectively, “Products”) obtained from TE are subject to Export Control Laws and Sanctions.
I will not directly or indirectly sell, export, re-export, release, or otherwise transfer (collectively, “Export”) TE Products for or to any prohibited or restricted end-use, end-user, end-destination or in violation of any applicable Export Control Laws, or in a manner inconsistent with TE’s Global Trade Policy to the extent set forth in this section. I will comply with export restrictions identified in 15 CFR 744 (or similar restrictions in other jurisdictions), which include but are not limited to (1) those involving the development, production, use or stockpiling of chemical, biological or nuclear weapons or items capable of delivering such weapons; (2) nuclear applications restricted by the EAR, Nuclear Regulatory Commission, U.S. Department of Energy, or by other countries’ government agencies; (3) missiles, rocket systems or unmanned air vehicles applications; (4) military end-use and military end-user as defined; (5) semiconductor, semiconductor manufacturing equipment, supercomputers, or any other restricted end use or end user; (6) any other restricted end use, end user, or end-destination. TE may conduct due diligence on me and my sales to ensure compliance with Export Control Laws. I will cooperate in TE’s due diligence process and provide End User Certificates and other necessary information to help validate the end-use and end-user of TE’s Products as requested. Additionally, I will perform my own adequate compliance-focused due diligence on my customers and other parties to the transactions, and obtain End-User Certificates from my customers or the ultimate end-user as requested, to ensure TE Products will not knowingly be Exported to any prohibited or restricted end-use, end-users, or end-destinations or in violation of any applicable Export Control Laws as provided in this section, without any required government authorization. Upon request, I will provide proof of its completed compliance due diligence.
I warrant and represent that neither me nor any entity or other related parties are: (i) identified on any restricted parties lists under applicable Sanctions or Export Control Laws, including but not limited to the U.S. Department of Commerce’s Denied Persons List, Unverified List, or Entity List, OFAC’s List of Specially Designated Nationals and Blocked Persons (“SDN List”), Sectoral Sanctions Identifications (SSI) lists (or any party owned 50 percent or more by a party or parties on the SDN List or SSI lists), the European Union Consolidated Financial Sanctions (CFSP) list, the Department of State’s Nonproliferation Sanctions List, or any other applicable restricted party lists (collectively, a “Restricted Party Lists”); (ii) located, organized, or resident in a jurisdiction subject to comprehensive and targeted Sanctions as identified in TE’s Global Trade Policy, which currently including Cuba, Iran, North Korea, Syria, Russia, Belarus and the following geographic regions of Ukraine (Crimea, Donetsk, Kherson, Luhansk, Sevastopol, and Zaporizhzhia), as subject to amendment based on regulatory changes (collectively, “Sanctioned Jurisdiction”); (iii) owned or controlled, directly or indirectly, by a person or entity described in parts (i) or (ii); or (iv) otherwise the target of Sanctions. If I, subsidiaries, affiliates, or other related parties are or become the subject or target of Sanctions or a Restricted Party, then I must notify TE immediately and obtain written agreement from TE to continue to serve as buyer under this Agreement. I will not Export any TE Product to any Restricted Party or any Sanctioned Jurisdiction without the required governmental approval authorization or license, a copy of which shall be available upon request. Further, I will perform screening against all applicable Restricted Party Lists for ALL parties involved in the transactions under this Agreement, including but not limited to parties identified in the Point-of-Sale Reports, ultimate consignee, and ultimate end-users, to ensure TE Products are not Exported to any Restricted Parties without first obtaining any required governmental authorization or export license, and will provide proof of the restricted party screening upon request by TE.
