Appendix
103
English
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.
