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Just signed in to the Embarcadero Developer Network and got this:

EXPORT CONTROLS ON EMBARCADERO SOFTWARE Your EDN membership and access to Embarcadero Software is subject to your agreement to and compliance with the following terms:

-You agree that U.S. export control laws govern your use of the Embarcadero Software.

-You are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, North Korea, Syria, nor any country to which the United States has embargoed or prohibited export.

-You will not provide or export Embarcadero Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.

-You are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.

-You will not provide or export the Embarcadero Software, directly or indirectly, to persons on the above mentioned lists.

-You will not use the Embarcadero Software for, and will not allow the Embarcadero Software to be used for, any purposes prohibited by United States law, including for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

I think it's BS, but what craziness is forcing companies like Embarcadero to hold developers to these very high standards?

Also, what is "Embarcadero Software"? Does that mean I can't put a benign videogame on a website that may have a runtime that might be downloaded by a Iranian who love scrabble. Or does "Embarcadero Software" refer to anything I develop using Delphi.

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Strong encryption is classified as a munition and in the same category of things as tanks. – MichaelT Jun 25 '13 at 15:11
@MichaelT yeah, I know about wassanal or whatever, but this doesn't even mention that encryption and all the encryption libraries in Delphi are 3rd party/open source jobbers unaffiliated with Embarcadero directly. – Peter Turner Jun 25 '13 at 15:13
Sounds like standard International Traffic in Arms Regulations and Export Administration Regulations to me. – Thomas Owens Jun 25 '13 at 15:15
@ThomasOwens OK, but is it talking about a Brazilian contracted to create software for Iran or someone reselling Delphi to Iran? I wonder if developers in other languages using purchased IDE's have to undergo the same scrutiny – Peter Turner Jun 25 '13 at 15:25
@PeterTurner Based on my interpretation, it governs the things you download from the EDN. You can't download and give it to someone else. With the exception of the last bullet point, there's no restriction on what you use the software to do. – Thomas Owens Jun 25 '13 at 15:29

1 Answer 1

A lot of what is mentioned here appears to be a CYA for Export Administration Regulations and International Traffic in Arms Regulations and to me.

You'd have to contact them to find out exactly what "Embarcadero Software" is, but it appears to be any material that you download from the developer network. At least some of these downloads may be restricted under EAR and/or ITAR, making it illegal for them to distribute to certain parties (based on not only nationality and citizenship, but also restricted access lists).

Based on reading this, I don't think that it's a problem if you use their tools to build software that is not protected, as long as you don't include any protected components. The only restriction on what you build appears to be the last point, which forbits you from using their software to produce "nuclear, chemical, or biological weapons of mass destruction". The rest of the points appear to govern the download and distribution of things from the developer network. However, export laws are extremely complex and I'm not familiar enough with these tools to know what may end up included in a distribution that may be restricted.

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