Markforged Allowable Use Certification
EFFECTIVE DATE: 10/14/2021
Markforged is committed to compliance with all laws and regulations that are applicable to our Products (as defined below). All reselling partners engaged in providing Markforged Products to the public as well as our direct customers are required to adhere to the conditions described in this certification. Both end-users purchasing Products for their own use and reselling partners are referred to as the “Purchaser” and as “you” in this Certification.
1. Markforged products (including all support services, printers provided by Markforged, all materials used to print parts with the printers, all parts produced by an end-user using a Markforged printer, and any other device provided by Markforged, collectively, the “Products”) are subject to the Export Administration Regulations (“EAR”) administered by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”); and economic and trade sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). Purchaser will comply in all respects with the EAR and the OFAC regulations.
2. Unless authorized by the U.S. Government and specifically pre-approved by Markforged, export, re-export, transfer, ship, trans-ship, diversion, or otherwise making available any Markforged Products is prohibited:
a. to any military end-user or military-intelligence end-user, or for any military end-use or military-intelligence end-use
b. to any end-user who may engage in any activities involving the development, production, use, installation, maintenance, repair, overhaul, or refurbishing of nuclear explosive devices, chemical or biological weapons, missiles, unmanned aerial vehicles, firearms or ammunition.
3. Purchaser shall cooperate with Markforged in responding to any U.S. government inquiry concerning the sale or disposal of any Product.
4. Purchaser will not export, transfer, provide, or otherwise make any Products available to anyone other than the specific end-user identified on an online or written order form that is linked to this Certification.
5. If you are purchasing Markforged Products on behalf of an organization, you represent that you are authorized to make this certification on behalf of that organization. If you are purchasing Markforged Products for resale to an end-user, you agree to flow the requirements of this certification to such end-user, and you represent that you are an authorized reseller with a valid reselling contract in place with Markforged. If you are purchasing Markforged Products for your individual use, you represent that you are at least eighteen years of age.