Off topic question re Export controls

[Mahesh T Pai]

Bernard Nyman wrote:

> 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." 
>

Well,  what exactly is your client's problem then?  The "export" takes 
place when Adobe has exported the product to your client, who is based 
in UK.  Compliance with US laws, therefore, is Adobe's problem, not yours.

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

As I understand them and as pointed out in some other post, certain 
types of software, (mostly encryption and security related) cannot be 
exported into certain countries.  The countries have been listed in the 
said post (by Mattias Hallendorf, but I cannot certify that the list is 
accurate or complete).  Therefore, you should not have any problems, 
since yours is a design related package.  

> 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? 
>

In USA, you should not have any problems, since no 'export' is involved, 
but, if you export to any country to which export is banned by the US 
law, and your software is within the banned categories, as per US law, 
whether you sell  your book in the US or not, you will be liable.  

> 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 <mailto:bernie.nyman at iname.com>
>
>  
>



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