COMMODITIES. RECEIVER SHALL NOT EXPORT, RE-EXPORT, IMPORT OR OTHERWISE SELL, TRANSFER,
DIRECTLY OR INDIRECTLY, MEDIATEK SOFTWARE ACQUIRED HEREUNDER EXCEPT IN STRICT
COMPLIANCE WITH ALL SUCH APPLICABLE LAWS AND REGULATIONS. RECEIVER EXPRESSLY AGREES
THAT MEDIATEK SOFTWARE SHALL NOT BE DOWNLOADED OR OTHERWISE EXPORTED OR RE-EXPORTED
INTO (OR TO A NATIONAL OR RESIDENT OF) ANY EMBARGOED COUNTRIES, NOR TO ANYONE ON
RELATED DENIAL LISTS, INCLUDING BUT NOT LIMITED TO THE U.S. TREASURY DEPARTMENT’S LIST
OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT’S TABLE OF DENIAL
ORDERS. RECEIVER HEREBY REPRESENTS AND WARRANTS THAT IT IS NOT LOCATED IN, UNDER THE
CONTROL OF, OR A NATIONAL OR RESIDENT OF, ANY SUCH COUNTRY, OR ON ANY SUCH LIST.
WITHOUT LIMITING THE FOREGOING, RECEIVER AGREES THAT MEDIATEK SOFTWARE PROVIDED
HEREUNDER SHALL NOT BE EXPORTED, RE-EXPORTED, OR TRANSFERRED BY RECEIVER TO ANY END-
USER ENGAGED IN ACTIVITIES, OR FOR ANY END-USE, DIRECTLY OR INDIRECTLY RELATED TO THE
DESIGN, DEVELOPMENT, PRODUCTION, USE, OR STOCKPILING OF WEAPONS OF MASS DESTRUCTION
(E.G., NUCLEAR, CHEMICAL, OR BIOLOGICAL WEAPONS, AND THE MISSILE TECHNOLOGY TO DELIVER
THEM).
ANY AND ALL INTELLECTUAL PROPERTY RIGHTS (INCLUDING WITHOUT LIMITATION, PATENT,
COPYRIGHT, AND TRADE SECRETS) IN AND TO MEDIATEK SOFTWARE, SAVE FOR THIRD PARTY
SOFTWARE, SHALL REMAIN THE EXCLUSIVE PROPERTY OF MEDIATEK INC. EXCEPT AS EXPRESSLY
PROVIDE IN APPLICABLE AGREEMENT, NO LICENSE IS GRANTED BY IMPLICATION OR OTHERWISE
UNDER ANY MEDIATEK OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS INCLUDING, BUT
NOT LIMITED TO PATENT, TRADEMARK, COPYRIGHTS, OR TRADE SECRET CONTAINED IN MEDIATEK
SOFTWARE. NOTHING HEREIN SHALL BE CONSTRUED AS ANY TRANSFER OF ANY TITLE OR ANY
INTELLECTUAL PROPERTY RIGHTS IN MEDIATEK SOFTWARE TO RECEIVER. RECEIVER EXPRESSLY
ACKNOWLEDGES THAT IT IS RECEIVER’S SOLE RESPONSIBILITY TO OBTAIN ALL PROPER LICENSES
CONTAINED IN MEDIATEK SOFTWARE FROM MEDIATEK OR ALL APPLICABLE THIRD PARTIES.
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