Off topic question re Export controls

[Humphreys, Noel]

David Johnson wrote:

>Further, the license is asking you to acknowledge the existence of certain 
>laws, not merely requiring you to follow them. This is a serious problem. If 
>the US export controls do not apply to the software, then you CANNOT export 
>the software because there would be NO way to aquire the necessary US and 
>foreign licenses to do so, simply because they do not exist.


I wouldn't read the clause in the manner suggested.  The purpose of such a clause, in my view, is to allocate between licensor and licensee the obligation of compliance with US export control laws.  I don't read the clause to require an export control license.  I read the clause to require compliance with the law.  If the law doesn't apply, then no compliance effort is required.  If the law does apply, then the contract has made clear who has responsibility for compliance.  That doesn't seem
alarming.  After all, if the law does apply, the licensee could get into trouble by failing to comply, regardless of the contract.  

This is not legal advice.  You are not entitled to rely on this, and you are not my client.
Noel D. Humphreys
Senior Counsel
Akin, Gump, Strauss, Hauer & Feld L.L.P.
voice - 212.872.1016
fax - 212.872.1002
590 Madison Avenue
New York, New York 10022
nhumphreys at akingump.com


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