Prohibited Use Cases
Use of the iMatrix EdgeUplink eSIMs is prohibited in any of the following devices, equipment, applications or environments where failure or malfunction can reasonably be expected to result in personal injury, death or severe property or environmental damage as further defined herein (hereinafter referred to as ‘Unsuitable Use’) : usage in military, Offshore Usage, usage in Aircraft Products, usage in outer space or in any nuclear facility, usage in life support systems used to sustain the life of critically injured or ill persons in an intensive care setting, including without limitation, feeding tubes and defibrillators and usage in implantable medical devices.
For purposes of Unsuitable Use, the following definitions shall apply:
“Aircraft Products” means usage of the eSIM Cards in any aircraft (including missiles, spacecraft, satellites and any ground control or support equipment intended for use in connection therewith) and any other goods, products or services specifically intended for use in the manufacture, repair, service, operation or maintenance of any aircraft.
“Offshore Usage” means usage of the eSIM Cards on any fixed or floating “structures” or any group of “structures” located off the coast anywhere in the world.
“Structures” includes all associated components and equipment located in, on or under water, including but not limited to:
- Fixed or mobile production facilities for the production of oil or gas;
- Offshore drilling installations;
- Offshore wind energy installations;
- Underwater telecommunication or power lines; and
- Underwater oil and gas pipes
Export Control Notice
As a customer of iMatrix Systems (iMatrix) for EdgeUplink Services, compliance with the laws as it relates to the sale and use of eSIMs and the IoT Services is an obligation under your Agreement. A general overview of your specific obligation to comply with the Export Control Regulations is set forth below.
Any SIMs/eSIMs or IMSIs (hereinafter encompassed by the term eSIMs) and related technology provided by iBASIS pursuant to your IoT Agreement may be subject to UK, European Union, US and other applicable export control laws and regulations, as may be amended and supplemented from time to time (hereafter collectively referred to as “Export Regulations”).
Acceptance of eSIMs by Customer and any sale and/or use by Customer or its customers or End Users amounts to Customer’s agreement to ensure compliance with all such Export Regulations.
Specifically, Customer agrees it shall not sell sell, use, export, re-export or transfer any eSIMs:
- To any countries that are subject to US embargoes (which as of the Effective Date includes the following countries subject to change: Iran, Syria, North Korea, Cuba, Sudan, Russia and the Crimean region of Ukraine) or any other destination country currently subject to trade embargoes in violation of the Export Regulations.
- To any company/end user/individual/ to whom exports are prohibited under any applicable Export Regulations or other applicable laws.
- For any use prohibited by Export Regulations, including without limitation nuclear, chemical or biological weapons proliferation.
- To any country for which an export license is required without first obtaining the license from the applicable governmental agency.