Legal restrictions regarding sale:

Note: all sections apply collectively and must be considered as per applicable laws.

Royalty-free: U.S. Government Users (as per SBIR Data Rights)

IApioneer was developed under an SBIR. The term "SBIR Data Rights" is defined at subparagraph (a)(18) of the clause at DFARS 252-227.7018, and all FARs applicable in this regard apply.

U.S. GOVERNMENT PURPOSE LICENSE RIGHTS (SBIR PROGRAM) "For a period of 5 years after delivery and acceptance of the last deliverable item under the subject contract, this technical data shall be subject to the restrictions contained in the definition of Limited Rights in DFARS clause at 252.227-7018. After the 5-year period, the data shall be subject to the restrictions contained in the definition of Government Purpose License Rights in DFARS clause at 252.227-7018. The government assumes no liability for unauthorized use or disclosure by others. The legend, together with the indications included on any reproduction hereof which contains any portions subject to such limitations shall be honored only as long as the data continues to meet the definition of Government Purpose License Rights."

For more information regarding contract number(s) and other related provisions, please contact the company.

Other Limitations

IApioneer is available for purchase/use by US entities only. It is not currently available for sale to non-US citizens, foreign organizations, or similarly non-US user categories without the legal permission coordinated with and offered by the US Government. Non-US entities interested in buying IApioneer are urged to contact the company, understanding that sale outside the US may be allowed under permission from the US Government under certain circumstances; and IAVO will examine the requirements in such case-by-case events to explore the legal requirements of any potential sale.

To request exception to this limitation: [email protected]

ITARS

The sale and distribution of IApioneer conforms fully and satisfy the requirements as stated in sections 120.10.a.5; 120.11, 121.1; 121.8.f; and 125 of SUBCHAPTER M – International Traffic in Arms Regulations, as per the Directorate Defense Trade Controls (DDTC), US Munitions List, Arms Export Control Act (AECA), and the International Traffic in Arms Regulations (ITARS – fully Parts 120-130). Thus, as per ITARS, these commercial software products as defined herein are eligible for international purchase as per DDTC, AECA, and ITARS. For more information, please write IAVO (3721-D University Dr., Durham, NC 27707 USA).

Bureau of Industry and Security (BIS)

Disclaimers: GeoSPHERIC and the GeoSPHERIC family of products (of which IApioneer is part of; collectively named herein as "GeoSPHERIC et al.") are based fully on widely used open-source literature. There is nothing wholly unique or specialized in this software; and to the contrary, the tools herein are entirely based on subject matter routinely taught at universities in the United States (U.S.) and internationally. As such, other than the name of the software (e.g., GeoSPHERIC et al.), there is no part that can legitimately be considered proprietary or patentable by IAVO or any other party within the US or internationally.

Further, the user represents and warrants that he/she is not a Restricted Party, which means any person or entity that is (i) located or established in, organized under the laws of, or controlled by the government or by one or more nationals of Cuba, Iran, North Korea, Sudan, Syria, or any other country that may, from time to time, become subject to U.S. export controls for anti-terrorism reasons or designated as a country that is subject to a general prohibition on U.S. persons’ engaging in financial and/or export transactions; (ii) on the U.S. Department of Commerce Denied Persons List, Entity List, or Unverified List; U.S. Department of the Treasury list of Specially Designated Nationals and Blocked Persons; or U.S. Department of State List of Debarred Parties; or (iii) part of, affiliated with, or controlled by any non-U.S. military organization; or (iv) is otherwise designated by the U.S. government or any of its agencies as a party with which it is unlawful to do business. If user becomes a Restricted Party during, the user shall immediately notify IAVO, and IAVO may terminate the license upon written notice to user.

GeoSPHERIC (i.e., "Software") may be subject to restrictions on (i) exports, re-exports and in-country transfers under the laws and regulations of the United States or other countries in which such items may be produced or located; (ii) releases of technical data to foreign persons; (iii) the provision of certain services that relate to or employ such items; and (iv) restrictions on the importation and/or use of such items (collectively, "Export Laws"), which may include, without limitation, the U.S. Department of Commerce Export Administration Regulations, the U.S. Department of the Treasury foreign assets control regulations, and the U.S. Department of State International Traffic in Arms Regulations.
User shall not export, re-export, resell, transfer or otherwise dispose of any Software subject to this Agreement in any manner that user knows or has reason to know would violate any Export Laws, and user shall, at his/her sole expense, obtain any governmental authorizations, permits, or licenses that may be required under the Export Laws in connection with its handling of the Software, and shall pay any and all taxes and duties imposed on the delivery, import, sale or license of the Software in the Territory. Diversion of the Software contrary to U.S. law is expressly prohibited.

Except as expressly authorized by IAVO and permitted under the Export Laws, user agrees not to transfer, resell, or divert any Software; release technical data; or to provide services relating to such items (i) to any Restricted Party (as defined in subsection (1) above), or (ii) to any party with respect to which user knows or has information from which it may be reasonably inferred that such items will be used directly or indirectly for any purpose that would be prohibited under the Export Laws.

Further, the following statements are offered and agreed to by all users.

Condition 1: If U.S. users who have lawfully purchased the software in the US choose to transport and/or use GeoSPHERIC et al. – under their own choice or through the collective choice of others – outside of the US, such user(s) understands that it becomes his/her/their responsibility to comply with any and all international trade and industry security issues as they may apply; and that IAVO is in no way responsible for any non-US use of the GeoSPHERIC et al.

Condition 2: Similarly, if any user, through access to an application programming interface (i.e., API) adds any functionality to GeoSPHERIC et al., such added functionality becomes the full and absolute responsibility of such said user; and that IAVO is in no way responsible for any use, re-sale, support, or distribution of such additional GeoSPHERIC et al. functionality in this regard.

Note: CGS is available from the US DoD - and is not distributed with IApioneer. CGS is currently limited to the US Government - and provided by the US Government.