Export Controls and Sanctions Compliance

This Policy is part of the BIZON Terms of Sale and applies to every quote, order, delivery, installation, use, resale and transfer of Products. If it conflicts with any other BIZON policy on export controls or sanctions, this Policy prevails.

• “BIZON” means Technostore LLC (dba BIZON) and its subsidiaries and affiliates.
• “Buyer” means the person or entity that requests a quote, places an order, pays for or accepts delivery of Products, and anyone acting on its behalf.
• “Products” means all hardware, systems, components, GPUs, accelerators, parts, firmware, software (including BizonOS, Z-Hub, drivers and NVIDIA and other third-party software), technology, technical data, documentation, services and support sold or provided by BIZON. Most GPUs and accelerators sold by BIZON, and every system that contains them, are controlled under the U.S. Export Administration Regulations.
• “Export Laws” means all U.S. export-control, sanctions, embargo and anti-boycott laws and regulations, as amended from time to time, including the Export Control Reform Act of 2018 (50 U.S.C. § 4801 et seq.); the Export Administration Regulations (“EAR,” 15 C.F.R. Parts 730–774); the sanctions regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC,” 31 C.F.R. Chapter V); the antiboycott regulations of the EAR (15 C.F.R. Part 760) and 26 U.S.C. § 999; and the International Traffic in Arms Regulations (“ITAR,” 22 C.F.R. Parts 120–130) to the extent applicable.
• “Government Authority” means any federal, state or local governmental, regulatory or enforcement body, including the U.S. Department of Commerce Bureau of Industry and Security (“BIS”), OFAC, the U.S. Department of State and U.S. Customs and Border Protection.
• “United States” means the 50 states, the District of Columbia and Puerto Rico.
• “Restricted Party” means any person or entity that is (i) on the OFAC Specially Designated Nationals and Blocked Persons List (“SDN List”), Sectoral Sanctions Identifications List (“SSI List”), Non-SDN Chinese Military-Industrial Complex Companies List or Non-SDN Menu-Based Sanctions List, or subject to the Russia-related CAPTA or Entities Directives; (ii) on the BIS Entity List, Military End-User List, Unverified List or Denied Persons List, or on the U.S. Department of State Nonproliferation Sanctions or Debarred Parties lists; (iii) on the sanctions lists of the European Union, the United Kingdom or Canada; (iv) owned 50 percent or more, directly or indirectly, individually or in the aggregate, by one or more persons in (i)–(iii), as provided in the OFAC 50 Percent Rule and the BIS Affiliates Rule when in effect; (v) otherwise subject to blocking sanctions or a denial of export privileges, or owned or controlled by or acting for any such person; or (vi) identified to BIZON by a supplier, distributor or manufacturer as a non-cooperation party or suspected diverter. The U.S. lists are available at trade.gov/consolidated-screening-list.
• “D:5 Entity” means any person or entity that is headquartered in, organized under the laws of, or whose ultimate parent company is headquartered in, a destination in Country Group D:5 of Supplement No. 1 to Part 740 of the EAR or in Macau, regardless of where the entity, its subsidiaries, branches or facilities are located.
• “Prohibited Destination” has the meaning in Section 3.

BIZON sells, ships and delivers Products only to addresses in the United States, to Buyers organized or resident in the United States, for use in the United States. BIZON does not export, re-export or transfer Products to any other country, directly or indirectly, and does not ship to freight forwarders, consolidators, couriers, mail- or package-forwarding services, purchasing agents, intermediate consignees or any other intermediary. BIZON does not accept orders from entities organized outside the United States or from their U.S. subsidiaries, branches or agents. BIZON does not apply for export licenses or ship under License Exception NAC, ACA or any similar exception. Orders that do not meet these requirements, or that BIZON believes are intended for onward shipment, transfer or use outside the United States, will be refused or cancelled without liability.

BIZON products, NVIDIA products, services, software and technology are prohibited for export, re-export, transfer or sale, directly or indirectly, to or for use in Afghanistan, Armenia, Azerbaijan, Bahrain, Belarus, Burma (Myanmar), Cambodia, Central African Republic, China (PRC) and Hong Kong, Congo, Cuba, Egypt, Eritrea, Georgia, Haiti, Iran, Iraq, Jordan, Kazakhstan, North Korea, Kuwait, Kyrgyzstan, Laos, Lebanon, Libya, Macau, Moldova, Mongolia, Oman, Pakistan, Qatar, Russia, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan, Venezuela, Vietnam, Yemen, Zimbabwe, or to any country or end use subject to U.S. trade sanctions. This list is illustrative, not exhaustive. Prohibited Destinations also include any destination in Country Groups D:1, D:4, D:5, E:1 or E:2 of Supplement No. 1 to Part 740 of the EAR, as amended; the Crimea, so-called Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine and any other region of Ukraine not controlled by the Government of Ukraine; and any other country, region or territory subject to comprehensive or territorial sanctions or an arms embargo under the Export Laws. Because BIZON ships only within the United States, every destination outside the United States is one to which BIZON does not ship, whether or not it is a Prohibited Destination.

BIZON does not sell, deliver or provide Products or services to any Restricted Party or D:5 Entity, whether located inside or outside the United States. Buyer represents and warrants that neither Buyer, nor the end user, nor any consignee, financing party, payer or other party to the transaction, nor any of their officers, directors or owners, is a Restricted Party or D:5 Entity; that no Restricted Party directly or indirectly owns 50 percent or more of Buyer; and, if Buyer is not the end user, that to the best of Buyer’s knowledge the same is true of the end user. Buyer shall not sell, resell, lease, rent, lend, transfer, divert, provide access to or otherwise dispose of any Product, directly or indirectly, to any Restricted Party or D:5 Entity. These restrictions are BIZON company policy and apply whether or not the Export Laws require them.

Buyer represents, warrants and covenants that the Products will not be used in, and will not be sold, leased, transferred, diverted, exported or otherwise provided, directly or indirectly, to any person for use in:

• the design, development, production, maintenance, testing, use or stockpiling of nuclear weapons or explosive devices, nuclear materials or facilities not safeguarded by the IAEA, rocket systems, missiles or space launch vehicles, unmanned aerial vehicles, chemical, biological or radiological weapons or their precursors or delivery systems, cluster munitions or anti-personnel mines, including any end use described in Sections 744.2, 744.3, 744.4 or 744.5 of the EAR;
• any “military end use” or by any “military end user” described in Section 744.21 of the EAR, or any “military-intelligence end use” or by any “military-intelligence end user” described in Section 744.22 of the EAR, without prior authorization from the U.S. Government;
• the development, production, use, operation or maintenance of a “supercomputer”, the development or production of “advanced-node integrated circuits”, or semiconductor manufacturing, in each case as described in Section 744.23 of the EAR, without the required license;
• microprocessors or computing items for military use as described in Section 744.17 of the EAR;
• the training, development or operation of artificial intelligence models for any weapons-of-mass-destruction or military-intelligence end use, or for or on behalf of any D:5 Entity, Restricted Party or person in a Prohibited Destination, or any other activity described in the BIS Policy Statement on Controls That May Apply to Advanced Computing Integrated Circuits and Other Commodities Used to Train AI Models and any successor guidance;
• serious human rights abuses, including mass surveillance, censorship, repression, or targeting individuals on the basis of ethnicity, religion or political belief;
• any other activity, end use or end user prohibited by, or requiring a license under, the Export Laws, unless Buyer has obtained that license at its own expense and provided it to BIZON in writing in advance.

Buyer shall not use the Products, or allow them to be used, to provide computing capacity, cloud, hosting, rental, time-sharing, remote-access, model-training or similar services to or for the benefit of any Restricted Party, D:5 Entity, person located in or resident in a Prohibited Destination, or for any end use prohibited by this Policy. Before shipment, Buyer shall tell BIZON in writing if any Product will be installed in a colocation facility, third-party data center or premises not controlled by the end user, who operates that facility, and whether any third party will have physical or remote access to the Products. Buyer shall maintain reasonable physical, technical and contractual controls to prevent access by any person described in this Section.

Buyer represents that it is the end user of the Products or, if it is a reseller, that it has disclosed its reseller status to BIZON and has identified the end user and the U.S. delivery address in writing before shipment and is authorized to make the representations in this Policy on the end user’s behalf. A reseller must apply to its customer the same checks BIZON applies under this Policy, pass this Policy and the Destination Control Statement to its customer in writing, resell only to end users in the United States, keep records of each resale for five (5) years, and notify BIZON of any suspected diversion, as set out in the Terms of Sale. A reseller is responsible to BIZON for its customers’ compliance.

Buyer shall not export, re-export, transfer or deliver any Product, in its original form or incorporated into other items, to any destination outside the United States, or to any person who intends to do so, without the prior written consent of a duly authorized officer of BIZON. Any transfer within the United States shall be made only to a person that is not a Restricted Party or D:5 Entity, in compliance with this Policy and the Export Laws, and subject to the Destination Control Statement in Section 15, which Buyer shall pass to the transferee.

Buyer shall not sell, supply, export, re-export or transfer, directly or indirectly, to the Russian Federation or for use in the Russian Federation any Products that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014, the EAR or the OFAC regulations, or to the Republic of Belarus or for use in the Republic of Belarus any Products that fall under the scope of Article 8g of Council Regulation (EC) No 765/2006; and, as a matter of BIZON company policy, shall not sell, supply, export, re-export or transfer any Product whatsoever to or for use in Russia or Belarus. Buyer shall use its best efforts to ensure that this purpose is not frustrated by any third party further down the commercial chain, shall maintain a monitoring mechanism to detect such conduct, shall immediately inform BIZON of any problem in applying this Section, and shall provide BIZON with information on its compliance on request. Any violation of this Section is a material breach of an essential element of the Terms of Sale.

Buyer represents and warrants that all payments to BIZON are made by Buyer, or by a payer disclosed to BIZON in writing that is not a Restricted Party or D:5 Entity, from a U.S. bank account or U.S.-issued card in that party’s own name; that no payment originates from, is routed through or is held at a financial institution in a Prohibited Destination or that is a Restricted Party; and that no payment is made for the benefit of an undisclosed third party. BIZON may reject, return or hold any payment it reasonably believes does not comply with this Section, and is not liable for any delay, hold or rejection of a payment or refund by a bank, card network, processor or Government Authority arising from sanctions or export screening.

BIZON does not release Products to a carrier, freight forwarder or agent arranged by Buyer. Products are shipped by BIZON to the U.S. address on the order or collected by Buyer at BIZON’s facility by prior arrangement and appointment. Collection or delivery in the United States does not permit Buyer to export the Products. On request, BIZON will provide the ECCN, Harmonized Tariff Schedule classification and country of origin of the Products as reasonably known to BIZON, for information only; this is not a representation or warranty, and Buyer remains responsible for its own compliance determinations.

BIZON screens buyers, end users, consignees, payers, delivery addresses and other parties against the restricted-party lists referenced in this Policy. BIZON may, before or after shipment, require Buyer to provide end-user and end-use statements and certifications, written assurances, and information on Buyer’s and the end user’s legal identity, business registration, corporate structure and ownership, deployment address and facility, intended end use, and any other information BIZON reasonably needs to comply with the Export Laws, with its suppliers’ requirements or with this Policy. Buyer shall provide it completely and accurately within ten (10) business days, and shall sign the export-related documents BIZON requests and obtain any required approvals at its own expense.

BIZON may hold or suspend any shipment, performance or support, and may refuse or cancel any order, without liability, until it is satisfied that the transaction complies with the Export Laws and this Policy, and may refuse to do business with any party that fails to provide the requested information or provides false or incomplete information. Assurances given for one order apply to all later orders unless Buyer notifies BIZON otherwise in writing before placing the order. Buyer shall notify BIZON in writing within five (5) business days if any information or assurance it has given becomes untrue or incomplete, or if it has reason to believe a breach of this Policy has occurred or may occur.

Buyer agrees that BIZON may share the information Buyer provides with its suppliers, distributors and manufacturers (including NVIDIA Corporation and its authorized distributors) and with any Government Authority for export-control and sanctions compliance, and may report any suspected violation. Buyer shall keep records of its purchase, deployment, use and disposition of the Products for at least five (5) years from the later of delivery or the last transaction involving them, consistent with Part 762 of the EAR, and shall make those records and relevant personnel available to BIZON on reasonable notice. Buyer shall not provide any regulatory certification or notification on BIZON’s behalf.

Buyer shall not request, require or cause BIZON to take any action, furnish any information, enter into any agreement or refrain from doing business with any person or country in a manner prohibited or penalized under the antiboycott provisions of the EAR (15 C.F.R. Part 760) or 26 U.S.C. § 999. Any boycott-related term, certification or request in Buyer’s purchase order, letter of credit, vendor registration or other document is rejected and void, and BIZON may report it to the Government Authorities as required by law.

The Products are commercial off-the-shelf items designed, built and marketed for commercial, scientific, academic, research and enterprise computing. They are not specially designed, modified or adapted for military applications, are not “defense articles” or “defense services” under the ITAR, and are not designed to military specifications. BIZON is not registered with the U.S. Department of State Directorate of Defense Trade Controls and does not manufacture, export or broker defense articles. Trade Agreements Act, country-of-origin and similar certifications for government orders are available on request; ITAR or DFARS flow-down acknowledgments require a separate written agreement signed by a duly authorized officer of BIZON. Buyer shall not incorporate the Products into a defense article, provide ITAR-controlled technical data or classified information to BIZON, or ask BIZON to perform an ITAR-controlled service without such an agreement.

(a) Cancellation before shipment. If, before shipment, BIZON refuses or cancels an order because the Buyer, delivery address or end user is outside the United States; because Buyer, the end user or any other party to the transaction is or appears to be a Restricted Party or D:5 Entity; because Buyer fails to provide the information or assurances requested under Section 11 in time; because any information or assurance Buyer gave is false or incomplete; or because BIZON reasonably determines that shipment may violate the Export Laws or this Policy, BIZON refunds the amounts paid less its actual costs for the order, including components ordered or non-returnable, labor, assembly, testing and software installation, supplier cancellation or restocking charges, payment-processing and bank fees, and freight. The balance is refunded within thirty (30) days after BIZON determines those costs and is Buyer’s sole remedy. The non-cancellable, non-returnable terms of the Terms of Sale continue to apply.

(b) Breach discovered after shipment. If any breach of this Policy by Buyer or the end user, or any false or incomplete information or assurance given by Buyer, is discovered after shipment, all amounts paid are forfeited to BIZON as liquidated damages and not as a penalty, the parties agreeing that this is a reasonable estimate of BIZON’s loss and that actual damages would be difficult to determine, and Buyer is not entitled to any refund, credit or replacement for those Products.

(c) Contractual penalty. In addition, for any breach of this Policy Buyer shall pay BIZON on demand the greater of (i) ten percent (10%) of the value of the order concerned or of the Products transferred in breach, whichever is higher, or (ii) BIZON’s actual damages, losses, costs and expenses from the breach, including fines and penalties imposed by any Government Authority, penalties, chargebacks or loss of pricing, rebates, partner status or benefits imposed by BIZON’s suppliers, investigation and remediation costs, and legal fees. At BIZON’s request Buyer shall immediately stop using the Products concerned and cooperate with BIZON and any Government Authority in locating, recovering or lawfully disposing of them.

(d) Warranty, support and software. All warranties (including Lifetime Expert Care), support, RMA, repair, DOA and return rights, and all licenses to BIZON software and updates, terminate immediately without notice or refund for any Product that is exported, transferred, resold, diverted or used in breach of this Policy, that is located outside the United States, or that is in the possession of or accessible to any Restricted Party or D:5 Entity. BIZON does not provide warranty service, parts, software or updates outside the United States or to any Restricted Party or D:5 Entity. For any breach of this Policy BIZON may also terminate the Terms of Sale and any other agreement or order with Buyer immediately by written notice, without liability.

Buyer acknowledges that the Products, software and technical information are subject to the Export Control Reform Act of 2018, the EAR, the OFAC regulations and other Export Laws, and agrees not to export, re-export, transfer or transmit them except in compliance with those laws and this Policy. Buyer warrants that it is not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited. Buyer acknowledges that under U.S. law the Products may not be sold, leased or transferred to restricted countries or restricted end users, or used in activities related to weapons of mass destruction, including the design, development, production or use of nuclear weapons, materials, facilities or missiles, or chemical or biological weapons.

Buyer has reviewed the criteria for the Foreign Direct Product (FDP) Rules under Section 734.9 of the EAR and attests that non-U.S.-made items that are subject to the EAR under these FDP Rules, that are designed, developed, fabricated, or produced by or with the Products provided by BIZON, will not be exported or re-exported to, or transferred in-country, in violation of the EAR. Buyer certifies that all information and assurances it provides to BIZON are true and correct to the best of its knowledge and that it knows of no inconsistent facts, and acknowledges that a false statement or concealment of a material fact may result in breach of the Terms of Sale and in civil and criminal liability under the Export Laws.

Destination Control Statement. These items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.

If a change in the Export Laws, or any action or guidance of a Government Authority, makes BIZON’s performance of an order unlawful, requires a license BIZON does not hold, or in BIZON’s reasonable judgment exposes BIZON to a material risk of violating the Export Laws, BIZON may suspend or cancel the affected order without liability and refund amounts paid less costs as provided in Section 14(a).

Buyer agrees to hold harmless and indemnify BIZON from any claim or damage arising out of or relating to any alleged violation of any export law, rule or regulation, including payment of attorneys’ fees and costs, and shall indemnify, defend and hold harmless BIZON, its officers, directors, employees, agents, suppliers, distributors and manufacturers from all losses, damages, liabilities, fines, penalties, costs and expenses (including legal fees) arising from any breach of this Policy by Buyer, the end user or anyone acting for them, or from any inaccurate information or assurance given by Buyer. These obligations survive delivery and any termination of the Terms of Sale.

The U.S. Government restricts the export, re-export and in-country transfer of certain NVIDIA products and other advanced computing items to several countries, including but not limited to China, Saudi Arabia, United Arab Emirates (UAE) and Vietnam, as set forth in the BIS interim final rule Implementation of Additional Export Controls: Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates and Corrections (October 2023) and later rules, including the January 2025 interim final rule on additional due diligence measures for advanced computing integrated circuits, the BIS Industry Guidance to Prevent Diversion of Advanced Computing Integrated Circuits and related Policy Statement (May 2025), and the BIS Guidance Regarding Enforcement of License Requirements for Advanced Computing Items for Entities Headquartered in Country Group D:5 and Macau (May 31, 2026), each as amended or superseded. Under Section 742.6(a)(6) and Part 744 of the EAR, a license is required to export, re-export or transfer controlled computing items to Country Groups D:1, D:4 and D:5 and Macau, and to any D:5 Entity wherever located; BIZON does not apply for such licenses. Buyer is responsible for monitoring changes in the Export Laws that affect its own use, transfer and disposition of the Products. Links are provided for convenience; the official texts of the Export Laws govern.

BIZON may update this Policy by posting a revised version at bizon-tech.com/export-compliance; the version in effect on the date BIZON accepts an order governs that order. This Policy survives delivery of the Products and any termination of the Terms of Sale. If any provision is held unenforceable, the remaining provisions remain in effect and the provision is enforced to the extent permitted by law.

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