NEC ITK-6DGS-1, Start Manual

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4. Termination
(1) You may terminate this Agreement by giving NECPF a prior written notice.
(2) In the event that you fail to comply with any provision of this Agreement, NECPF may, at any time,
terminate this Agreement.
(3) After any termination of this Agreement, you shall not use the Licensed Products for any purpose
and shall immediately delete or destroy all the Licensed Products. Sections 1(2), 1(3), 2, 3, 4(3), 5, 6, 7
and 8 shall survive any termination of this Agreement.
5. Export Control
In any event, you agree that you will export or re-export the Licensed Products to any country, person
or entity subject to any export restrictions and orders of Japan, the United States and any other country
having competent jurisdiction.
6.
Limitation of Liability
IN NO EVENT SHALL NECPF ITS SUPPLIERS AND ITS DISTRIBUTORS BE LIABLE TO YOU FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING
LOSS OF PROFITS AND PROCUREMENT COSTS FOR ANY SUBSTITUTE), ON ACCOUNT OF OR
ARISING OUT OF USE OF THE LICENSED PRODUCTS OR IMPOSSIBILITY THEREOF, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ITS DISTRIBUTORS, THE MAXIMUM
AGGREGATE LIABILITY OF NECPF, ITS SUPPLIERS AND ITS DISTRIBUTORS, WHETHER IN
TORT, CONTRACT OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED ONE HUNDRED PER -
CENT (100%) OF THE RESPECTABLE AMOUNT ACTUALLY PAID FOR PURCHASING THE
LICENSED PRODUCTS BY YOU.
7.
Open Source Software
The Software includes the Open Source Software components (hereinafter called the "OSS"). Such
OSS is not subject to the terms and conditions of this Agreement but those of the applicable license.
Please visit following website for obtaining details of such OSS and terms and conditions of use there -
for.
https://mind.bcom.nec.co.jp/customernet/soft-license/DT900S_OSS_V5000.html
8. General Provisions
(1) This Agreement shall be governed by and interpreted in accordance with the laws of Japan.
(2) All disputes arising out of or in relation to this Agreement shall be submitted to the exclusive juris
-
diction of the Tokyo District Court as the court of the first trial.
(3) This Agreement constitutes the entire agreement between you and NECPF and supersedes any
and all oral or written agreements previously existing between you and NECPF with respect to the sub -
ject matter hereof.
(4) The Licensed Product is a "commercial item" as that term is defined in 48 C.F.R. 2.101, consisting
of "commercial computer software" and "commercial computer software documentation" as such terms
are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4, NECPF provides the Licensed Products to U.S. Government End Users only pursuant to
the terms and conditions therein.
9
Contact Information
North America
NEC Corporation of America:
3929 W. John Carpenter Freeway, Irving, Texas 75063, U.S.A.
TEL : +1-214-262-7525
Oceania
NEC Australia Pty. Ltd.:
Level 9 720 Bourke Street, Docklands, VIC 3008, Australia
TEL : +61-3-9900-9888