3.1 The export of certain information, software and documentation may be subject to a licensing requirement—e.g. due to its nature, intended use or end use. The information and software provided by WAGO on the WAGO Website are intended only for users in the countries and for individuals, organizations and associations which comply with the applicable export control regulations, particularly also with respect to the intended use, and are not listed on sanctions lists of the European Community or the United Nations—in other words, against whom there is no embargo.
3.2 When using the WAGO Website as well as when supplying to third parties the information, software and documentation supplied by WAGO or by provisioning other commercial resources in connection with information, software and documentation supplied by WAGO, the user is obligated to observe and comply with all applicable national, European and U.S. export control regulations, including all European or U.S. sanctions lists (together: “export control regulations”). In any event, when such things are passed on, the user must procure knowledge of and abide by the (re-)export control regulations of the Federal Republic of Germany, the European Union and the United States of America.
3.3 The user must take note that export regulations also apply when the information is transmitted abroad over communication networks (e.g. by e-mail or file transfer).
3.4 Before passing on such things, the user shall, in particular, verify and ensure through appropriate measures that
- such information, software and documentation supplied by WAGO are not intended for a prohibited or authorization-dependent use in connection with armaments or nuclear or weapon technology unless any required approvals have been received;
- the regulations of all relevant sanctions lists of the European Union and the United States of America regarding business transactions with the enterprises, individuals or organizations named there are being complied with.
3.5 If required for the performance of export control inspections by public authorities or by WAGO, the user shall, following a corresponding request, promptly provide WAGO all information about the end recipient, end use and intended use of the information, software and documentation supplied by WAGO as well as applicable export control restrictions in this regard.
3.6 The user shall indemnify WAGO to the full extent for all claims asserted by public authorities or other third parties against WAGO for the user’s disregard of the above legal export control obligations and undertakes to reimburse WAGO for all losses and expenditures it incurs in this connection unless the user is not accountable for the breach of obligation. A reversal of the burden of proof is not associated with this.
3.7 The information, software and documentation on the WAGO Website may be accessed only if they comply with the above-mentioned verification and assurance and there are no impediments based on national or international provisions of foreign trade law and no embargos and/or other sanctions are opposed to this; otherwise WAGO has no obligation to perform.