Company acknowledges and certifies that if the Micron Items are exported, reexported or transferred, such exports, reexports or transfers will be conducted in compliance with the applicable laws and regulations of the United States. Any diversion contrary to U.S. law is prohibited.9 Company acknowledges and certifies that Micron Items will not be exported, reexported, sold, used, or transferred directly or indirectly, knowingly or with reason to know, for any purpose in connection with the following, unless authorized by the appropriate U.S. governmental agency:
(a) Chemical, biological or nuclear weapons, or missiles capable of delivering such weapons;
(b) Military end-users or military end-uses; especially Items intended for China (including Hong Kong and Macau), Myanmar/Burma, Russia, Belarus, Venezuela, or Cambodia, wherever located ;
(c) Item is subjected to the EAR and the Item is destined for end use in the development or production of ICs at a fab in China that fabricates ICs using any of the following criteria:
a. Logic ICs using a non-planar transistor architecture or with a “production” technology of 16/14 nm or less;
b. NAND memory ICs with 128 layers or more; OR
c. Dynamic random-access memory (DRAM) ICs using a “production” technology node of 18 nm half-pitch or less
(d) Item is subjected to the EAR and the Item is for use in or with supercomputers in China.10
(e) Activities involving a sanctioned party on the restricted party lists administered by the U.S. Government;
(f) Activities involving a sanctioned or embargoed country by the U.S. Government or national of such country; and
(g) Any other activities in violation of applicable U.S. laws and regulations.
Company agrees to promptly notify Micron when the answer to any of the above information changes or if the end-use, end-user or ultimate destination of the Micron products changes prior to any shipment made against the above-referenced order or project.
By signing this End User Certification and Agreement to End Use Restrictions, Company agrees not to export, re-export, or transfer Micron Items in violation of any applicable export control laws or regulations, including the laws of the United States. Company warrants that it has fully disclosed the end use and disclosed all parties to the transaction including the purchaser and the end user(s). Company further certifies that it will promptly correct or supplement this Certification if Company is no longer able to make these representations or learns that information changed.
This Certification must be signed by an authorized representative of Company. The undersigned signatory hereby acknowledges and certifies Company’s acceptance and agreement hereto and represents that he or she has full legal authority to bind Company hereto. The delivery of a signed facsimile or other electronic copy of this Certification shall have the same binding effect as delivery of an original signed copy.