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 [EMAIL PROTECTED] The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
