|
RECEIVED BY FIREEYE FOR THE RELEVANT OFFERINGS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING
<br />THE FIRST OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH LIABILITY.
<br />9.3. Applicability. THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN WILL APPLY ONLY TO THE
<br />MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND NOTHING HEREIN PURPORTS TO LIMIT EITHER PARTY'S
<br />LIABILITY IN A MANNER THAT WOULD BE UNENFORCEABLE OR VOID AS AGAINST PUBLIC POLICY IN THE APPLICABLE
<br />JURISDICTION.
<br />9.4 SAFETY Act. FireEye and Customer hereby mutually waive and release each other from any and
<br />all liabilities relating to any claims for losses or damages of any kind (including, but not limited to, business
<br />interruption losses) arising out of an Act of Terrorism as defined by the Support Anti -Terrorism By Fostering
<br />Effective Technologies Act of 2002 ("SAFETY Act") (6 U.S.C. §§ 441-444). FireEye and Customer further agree to
<br />be solely responsible to the full extent of any and all losses they may sustain, or for any and all losses their
<br />respective employees, officers, or agents may sustain, resulting from an Act of Terrorism as defined by 6 U.S.C.
<br />§§ 441-444 when FireEye's Multi -Vector Virtual Execution Engine and any subscriptions, cloud services platform
<br />or associated services (the "Qualified Anti -Terrorism Technology") are utilized in defense against, response to, or
<br />recovery from an Act of Terrorism.
<br />10. Export Control; Anti -Corruption; U.S. Government Restricted Rights.
<br />10.1. Export Control. Export Control. Each party represents and warrants that it shall comply with all laws
<br />and regulations applicable to it with respect to the Offerings. Customer further acknowledges and agrees that
<br />the Products and FireEye Materials may be subject to restrictions and controls imposed by the United States Export
<br />Administration Act, the regulations thereunder, as well as European Union ("EU") or National export control laws
<br />and obligations and similar laws in other jurisdictions. Customer agrees to comply with all applicable export and
<br />re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the
<br />U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office
<br />of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department
<br />of State. Specifically, Customer covenants that it shall not, directly or indirectly, sell, export, reexport, transfer,
<br />divert, or otherwise dispose of any Products, FireEye Materials, or technology (including products derived from or
<br />based on such technology) received from FireEye under this Agreement to any destination, entity, or person
<br />prohibited by the laws or regulations of the United States and the EU, without obtaining prior authorization from
<br />the competent government authorities as required by those laws and regulations. These prohibitions include, but
<br />are not limited to the following: (i) the Products and FireEye Materials cannot be exported or re-exported to any
<br />countries embargoed by the United States (currently including Cuba, Iran, North Korea, Sudan or Syria) which
<br />includes nationals of these countries employed by Customer; (ii) the Products and FireEye Materials cannot be
<br />exported or re-exported for military use in country group `b' prior to valid `export license' or valid `license
<br />exception'; and (iii) the Products and FireEye Materials cannot be used for any prohibited end uses including any
<br />"nuclear, biological or chemical weapon related activities."; and (iv) the Products and FireEye Materials will not
<br />be re-exported or otherwise sold or transferred if it is known or suspected that they are intended or likely to be
<br />used for such purposes. Customer agrees to notify FireEye of any suspicious activities by any employee related
<br />to the Products. Customer agrees to indemnify, to the fullest extent permitted by law, FireEye from and against
<br />any fines or penalties that may arise as a result of Customer's breach of this provision. This export control clause
<br />shall survive termination or cancellation of any Orders.
<br />10.2. Anticorruption Laws. Each Party acknowledges that it is familiar with and understands the
<br />provisions of the U.S. Foreign Corrupt Practices Act ("the FCPA") and the U.K. Bribery Act of 2010 ("UKBA") and
<br />agrees to comply with its terms as well as any provisions of local law related thereto. Each party further
<br />understands the provisions relating to the FCPA and UKBA's prohibitions regarding the payment or giving of
<br />anything of value, including but not limited to payments, gifts, travel, entertainment and meals, either directly or
<br />indirectly, to an official of a foreign government or political party for the purpose of influencing an act or decision
<br />in his or her official capacity or inducing the official to use his or her party's influence with that government, to
<br />obtain or retain business involving the Offering. Each Party agrees to not violate or knowingly let anyone violate
<br />the FCPA or UKBA, and Each Party agrees that no payment it makes will constitute a bribe, influence payment,
<br />kickback, rebate, or other payment that violates the FCPA, the UKBA, or any other applicable anticorruption or
<br />anti -bribery law.
<br />Confidential FireEye Rev. 8/2016
<br />Page 7
<br />
|