**The only export controls I am aware of that deal with 
**software pertain to 
**military grade encryption. I do not believe that Adobe 
**produces any products 
**that fit into this category.

The problem is The Bureau of Export Administration (BXA) regulations are somewhat 
complicated, and there are serious penalities for violations.  There are even some 
countries that it is illegal to export almost ANY technology to, not just military 
grade encryption.


**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.

The export controls apply, the question is what class the technolgy falls under.  Some 
technology does not require a license.

**Time to do a bit of negotiation here. Demand that the clause 
**be struck out.

This is a CYA clause so they won't get sued for negligently failing to let someone 
know about a potential problem.  They won't readily strike it, and it doesn't matter 
anyway.  The only people that will enforce the BXA regulations is the US government, 
not Adobe.  Adobe just wants to be able to be kept out of any potential problems that 
may arise under BXA regulations.

Anyone exporting software or hardware should seek advice of counsel to ensure that 
they are in compliance with all export regulations for the country that they are 
exporting from.

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

Reply via email to