Off topic question re Export controls

Bernard Nyman bernie.nyman at iname.com
Wed Mar 6 18:40:00 UTC 2002


 
I hope you don't mind me e-mailing you with an off-topic question on export controls, but I thought that this group would have people who are able to reply knowledgeably. 

I am acting for a UK-based book publisher that is proposing to publish a book for programmers concerning a particular Adobe design software product and they want to include a tryout version of the software on a CD to be distributed with the book.  Adobe have agreed this, and asked the publisher to sign a licence, which includes the following clause: 

"Export Controls.  Licensee acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Tryout Versions.  Licensee agrees that it will not export or re-export the Tryout Products, or any portion of the Tryout Versions in any form, without the appropriate United States and foreign licences." 

My questions are: 

1.  What are the export controls to which the above clause refers, and where can I find details of them? 

2.  Would such controls be understood to prevent the distribution of the book, bundled with the tryout software on CD, in the USA and Europe? 

Any assistance would be welcome and much appreciated. 

Best regards

Bernie Nyman
B M Nyman & Co
Solicitors
London
UK

email: bernie.nyman at iname.com

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