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Article 3 (Terms of License)
1. In assigning this product, User may not retain
the original copy of the embedded Licensed
Software (including associated literature, updates
and upgrades) and any duplicates and associated
literature with regard to the license to use Licensed
Software. User may transfer Licensed Software only
to the condition of binding the assignee to abide by
the terms of this Software License Agreement.
2. User may not reverse-engineer, disassemble,
decompile or otherwise analyze the source code of
Licensed Software.
Article 4 (Rights to Licensed Software)
All rights to Licensed Software and the associated
literature, including copyrights, shall reside with
Licensor or the original right holder who has granted
the Right of Use and right to sublicense to Licensor
(hereinafter referred to as “Original Right Holder”), and
User does not have any rights other than Right of Use
granted hereunder with regard to Licensed Software
and the associated literature.
Article 5 (Exemption Granted to Licensor)
1. Licensor and Original Right Holder do not assume
any responsibility for damages caused to User or
third parties resulting from the exercise by User of
the license granted hereunder, unless otherwise
provided by any law to the contrary.
2. Licensor does not warrant Licensed Software to
be merchantable, compatible and fit for specific
purposes.
Article 6 (Responsibility for Third Parties)
If disputes over the infringement of third parties’
intellectual property rights, such as copyrights and
patent rights, arise out of the use of Licensed Software
by User, User shall resolve these disputes at User’s
own expenses while keep Licensor and Original Right
Holder harmless.
Article 7 (Secrecy Obligation)
User shall keep confidential Licensed Software
provided hereunder, information contained in the
associated literature or the like and those provisions of
this agreement not yet in public knowledge and may
not disclose or leak these to third parties without prior
written consent from Licensor.
Article 8 (Cancellation of the Agreement)
Licensor reserves the right to cancel this agreement
forthwith and claim compensation from User for the
damages caused by such cancellation when User:
(1) Breaches any of the provisions of this agreement, or
(2) Has received a petition for seizure, provisional
seizure, provisional disposition or any other kind of
compulsory execution.
Article 9 (Destruction of Licensed Software)
If this agreement is terminated under the provision of
the foregoing paragraph, User shall destroy Licensed
Software, along with all associated literature and its
duplicates, within two (2) weeks from the date of
termination.
Article 10 (Copyright Protection)
1. Copyrights and all other intellectual property
rights relating to Licensed Software shall reside
with Licensor and Original Right Holder and in no
circumstances with User.
2. User shall abide by the laws relating to copyrights
and intellectual property rights in using Licensed
Software.
Article 11 (Export Control)
1. Licensed Software and the associated literature or
the like may not be exported to places outside the
Country (including transmission outside the Country
over the Internet or the like).
2. User agrees that Licensed Software is subject to
export controls imposed by the Country and the
United States of America.
3. User agrees to comply with all the international
and domestic laws that apply to this software (U.S.
Export Administration Regulations and regulations
established by the U.S., the Country and their
governmental agencies regarding usage by end
users and export destinations).
Article 12 (Miscellaneous)
1. Even if this agreement is invalidated in part by law,
all other provisions shall remain in effect.
2. Licensor and User shall consult each other in
good faith to resolve any matters not provided for
in this agreement or questions arising from the
interpretation of this agreement.
3. Licensor and User agree that this agreement is
governed by the law of Japan and that all disputes
involving claims and obligations that may arise out
of this agreement will be settled by arbitration at the
Tokyo District Court as the court of first instance.
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