Third Party Software Provider - Terms & Conditions
In some instances, a third party provider to Panviva will impose obligations on Panviva to include certain terms in Panviva’s Subscription Agreement, and the Panviva Subscription Agreement includes a requirement for Subscribers to comply with these additional third party provider requirements.
If you have any queries on whether these additional terms apply to the Services you receive from Panviva please don’t hesitate to contact us.
The names of the Third Party Software Providers are located on this page and the applicable terms and conditions can be accessed by selecting the provider. Please be advised terms and conditions are determined and managed by the Third Party Software Provider which may be subject to change, and that these obligations are in addition to those set out in the Panviva Subscription Agreement.
Third Party Software Provider
Subscriber agrees that the following additional clause(s) attach to the terms and conditions under which Panviva provides the Services for all situations where the Services utilize the Third Party Software provider’s software (“MuleSoft Software”), or Third Party Software provider’s documentation (“MuleSoft Documentation”).
Export Compliance. Subscriber may not export or re-export the MuleSoft Software except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable. The MuleSoft Software and accompanying MuleSoft Documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the MuleSoft Software and MuleSoft Documentation by the U.S. Government shall be governed solely by the terms of this Agreement. Subscriber acknowledges that the MuleSoft Software is subject to export restrictions by the United States government and import restrictions by certain foreign governments. Subscriber shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the MuleSoft Software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. Subscriber agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The MuleSoft Software is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.