THIRD PARTY ECCN CERTIFICATION (Hardware or Software) Please ask your 3rd-party non-Sun vendor to complete the following certification for the 3rd party product that is included in your product. Name of the 3rd-party Vendor: ____________________ Name and Version Number of 3rd-party Product (Please be specific): ___________________________________________________ Name of Sun Product: ______________________________ ************************************************************************** To: Third Party Vendors From: International Trade Services/Export Compliance Sun Microsystems, Inc. Re: Request for Information on the Export Status of your product Dear Vendor: One of your products is included in a Sun product that will be distributed outside the United States. In order for Sun to properly classify the product in compliance with U.S. Export regulations, we need your assistance in giving us the following information regarding your product. Please complete the following certification, put it on your letterhead and have an authorized company official sign it. Please fax a copy to Sun Export Classification Team at 408-668-0918 and mail the original to: Sun Microsystems, Inc. International Trade Services/Export Compliance 10 Network Circle, M/S UMPK10-144 Menlo Park, CA 94025 Attn: Export Classification/Winnie Luk If you have obtained any official classification from the U.S. Dept. of Commerce Bureau of Industry and Security, please include a copy with the certification. Questions regarding the certification can be directed to export_eccn@sun.com ************************************************************************* (please put on your company letterhead) Sun Product: ___________________ Sun Contact Person: _____________ __________________________________________ (Vendor) represents and certifies that the Product, _________________________________________________________, version # ____________________________________ which Vendor supplies to Sun Microsystems, Inc., is classified under the Export Control Classification Number (ECCN) of _________________, per U.S. Export Administration Regulations 15 CFR Part 774. If your Product is not controlled under US export regulations, please state the name of export authority/agency _______________________________ and name of country _____________________________________. In addition, Vendor furnishes the following additional Information related to Export Controls in response to the questions below: Q.1. Please give a short description of what your product does ? Q.2. Does this product contain encryption or incorporate any products that contain encryption ? YES NO Q.3. If you answered YES to Q.2, please answer the following questions regarding the cryptography used: a. Please describe the algorithm(s) used b. Key Length: c. List any key management features: d. Is the encryption algorithm used ONLY for User Authentication (password/access control) ? e. Is the encryption algorithm used ONLY for Decryption purposes, e.g. copy-protection ? f. Is the encryption algorithm used ONLY for data authentication/data integrity checking (e.g. message digest) ? g. Is the encryption algorithm used for Data Confidentiality/Privacy ? Q.4. Have you obtained: a. Commodity Classification from U.S. Dept. of Commerce ? Yes _______ CCAT # and Date ___________ (please send copy) No _______ Q.5. Under what license exception(s) can your product be exported ? If the product can be exported under license exception ENC, please do the following: a) state the sub paragraphs, i.e. 740.17(a), (b)(1), (b)(2), (b)(3). b) state the CCATS number or other authorization number, and the date it was issued. c) also fax a copy of the CCATS to 408-668-0918 Q.6. Has your product been approved for import to the countries that impose restrictions on the importation and/or use of encryption products, e.g. France ? YES ___________ NO ___________ If YES, please include a copy of the authorization with this certification. Vendor acknowledges that Sun Microsystems, Inc, its subsidiaries and its authorized representatives will rely upon the Information Related to Export Controls supplied by Vendor. Information Related to Export Control shall include, without limitation, any Commodity Jurisdiction Determination issued by the Department of State, any Commodity Classification Determination issued by the Department of Commerce, and other export control determinations issued by any agency of the United States Government, concerning the Software supplied by Vendor. Vendor shall defend, indemnify and hold Sun Microsystems, Inc., its subsidiaries and its authorized representatives harmless from any and all claims, suits, costs, damages, judgments, attorneys fees, license fees, settlement or expenses incurred, claimed, obtained or sustained by third parties, because of Sun's reliance on the Information Related to Export Control supplied by Vendor. Certified by: ___________________________ Authorized signature _____________________________ Name ____________________________ Title _____________________________ Phone _____________________________ Email: _____________________________ Date rev: ITS-WIP-rev10-031204