NOTICE OF U.S. EXPORT CONTROLS FOR VIDYO, INC. RESTRICTED ENCRYPTION PRODUCTS

The sale, export and re-export of Vidyo, Inc. (“Vidyo”) products, technology, software and/or any other items deemed an export by the U.S. Government are subject to the laws and regulations of the United States. Diversion contrary to U.S. law is strictly prohibited.

Vidyo’s products are subject to U.S. export controls. The sale, use, reexport or transfer of Vidyo’s products must comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (EAR), administered by the U.S. Department of Commerce, and trade and economic sanctions, administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC). Specifically, no person or entity may – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any Vidyo product, software, or technology (including products derived from or based on such technology) to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the U.S. government as required by those laws and regulations. In addition, depending on the location and/or distribution of Vidyo's products, they may also be subject to the export control and import laws of other jurisdictions.

Encryption Controls

Many of Vidyo’s products are subject to additional export restriction under U.S. law because they include encryption technology. Vidyo’s encryption products are eligible for export to most destinations under section 740.17 of the EAR (License Exception ENC), subject to the prohibited end-use and end-user restrictions discussed below.

Please note: This Vidyo product is an ENC Restricted item under section 740.17(b)(2) of the EAR and may not be transferred without a license to government end-users in many countries. Government end users, as defined in Part 772 of the EAR, that are not located in the following countries require a U.S. export license in order to obtain ENC Restricted items: Austria, Australia, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States.

Prohibited End Users

No Vidyo products can be transferred without a license to any country subject to U.S. embargoes or anti-terrorism controls (currently Cuba, Iran, North Korea, Sudan, and Syria). The exportation, re-exportation, sale or supply, directly or indirectly, from the United States, or by a U.S. person wherever located, of any Vidyo products to any of these countries is strictly prohibited without prior authorization by the U.S. Government. No person or entity may transfer Vidyo products without a license to anyone on a U.S. Government list of prohibited persons, including but not limited to the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons and the U.S. Commerce Department’s Denied Persons List, Entity List, or Unverified List. Additionally, as noted above, many of Vidyo’s products are ENC-Restricted items that may not be transferred without a license to government end-users in many countries.

Prohibited/Restricted End Uses

All transactions involving Vidyo products must comply with U.S. laws and regulations concerning prohibited or restricted end uses. The EAR prohibits and/or strictly regulates all sales, exports or re-exports of software, support and services which will be used in conjunction with certain activities such as the research, development, design, manufacture, construction, operation or maintenance of nuclear, chemical, or biological weapons and certain other nuclear technology.

DISCLAIMER: The information contained herein is provided for informational purposes only. It is not intended to constitute legal advice or to be used as a substitute for legal advice from a licensed attorney and does not represent an undertaking by Vidyo, Inc. to advise the user as to all relevant U.S. export controls and regulations. All users are urged to consult the applicable U.S. export laws and regulations and other appropriate resources before distributing, exporting, re-exporting, importing, or using Vidyo products.

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