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The person executing this letter is assuming the responsibility
of complying with these obligations both as an individual and
representative of the company that he/she represents. Please
ensure the signed letter appears on company letterhead.
To: Sun Microsystems, Inc.
4120 Network Circle
M/S SCA12-204
Santa Clara, CA 95054
Attn: International Trade Services Department
Fax + 001-408-276-4601
Reference Number: _________________________________
Written Letter of Assurance - Export of Technical Data
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THIS ASSURANCE is made this ......... day of.................., 20 ..,
by ..................... (signatory). Signatory may be a company or
an individual. If Signatory is a company, the individual executing
this Letter of Assurance is doing so both as a representative of
the company and as an individual.
Sun Microsystems is undertaking to export Technical Data to Signatory
or to the company represented by Signatory, under License Exception
TSR (Technical and Software Under Restriction). "TSR" has been made
available by the U.S. Dept. of Commerce to all U.S. exporters
(15 C.F.R. 740.6), but is subject to certain restrictions.
THEREFORE, Signatory agrees to comply with U.S. export laws and
regulations and shall not directly or indirectly export or re-export
the Technical Data, or any product (*) this Signatory produces using
the Technical Data, unless properly licensed by the U.S. Government.
Signatory acknowledges that he is not a citizen or resident of a proscribed
country and that the company he represents is not located in
nor controlled by an entity in a proscribed or embargoed
country. Signatory shall not disclose or make available any Technical Data
to citizens of or parties residing in or controlled by citizens of
the following proscribed or embargoed countries. The current list of
proscribed and embargoed countries is stated below. The list changes
from time to time, and Signatory agrees to comply with the list as
it exists in fact.
Albania, Armenia, Azerbaijan, Belarus, Burma*,
Cambodia, Cuba, Georgia, Iran, Iraq, Kazakhstan,
Korea (North), Kyrgyzstan, Laos, Libya, Macau,
Moldova, Mongolia, People's Republic of China,
Russia, Sudan, Syria, Tajikstan, Turkmenistan,
Ukraine, Uzbekistan and Vietnam.
* Burma is a Sun Corporate restricted country.
Signatory agrees that Sun products, technical data and the product
thereof will not be used either directly or indirectly by nuclear/chemical/
biological weapons nor missile technology end users or for such end uses.
Signatory agrees to indemnify and hold harmless Sun Microsystems
against any claim, demand, action, proceeding, judgment, penalty,
fine, loss, liability, cost or expense (including reasonable
attorneys fees) suffered or incurred by Sun Microsystems and arising
out of or relating to any violation by Signatory or any of its
customers of any U.S. export control laws and regulations.
These obligations shall survive past the term or termination of
any agreement in which this Letter of Assurance is incorporated.
(*) "Product" is defined to mean the immediate product (including processes
and services) produced directly by the use of the Technical Data.
SIGNATORY
By: ..............................
Name: ..............................
Company: ..............................
(if signing on behalf of a company)
Title: ..............................
rev. Dec. 9, 2005
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