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FROM AND AGAINST ANY CLAIM, DEMAND, LAWSUIT, DAMAGE(S) OR
OTHERWISE ARISING OUT OF OR RELATING TO USE OF THE
SOFTWARE, OR OTHERWISE AND ANY DEFECT, ERROR OR
OMISSION ON OR IN THE SOFTWARE.
7. LIMITATION OF LIABILITY
YOKOGAWA SHALL NOT BE LIABLE NOR RESPONSIBLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE AND OTHER DAMAGE(S), WHETHER IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO LOSS OF OPERATIONAL PROFIT, LOSS OF
INTERRUPTION OF THE LICENSEE'S BUSINESS, AND LOSS OF
BUSINESS INFORMATION, ARISING OUT OF OR RELATING TO USE
OF THE SOFTWARE, PRODUCTION OF DERIVATIVES, DELIVERY OF
DERIVATIVES TO A THIRD PARTY OR OTHERWISE AND THIS
AGREEMENT, EVEN IF YOKOGAWA HAS BEEN ADVICED, KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMEGE(S).
8. Export
The Licensee shall not (re-)export or transmit, whether directly or indirectly,
the Software, its related documents and technical information, and any
derivative and result, which are created through the use of the Software,
without observation of the export control laws and regulations of Japan and
other related countries, or without acquisition of necessary (re-)export or
import license at the Licensee's responsibility.
9. Termination
(1) Each the Licensee or Yokogawa may, at any time, terminate this
Agreement with written notice to the other party immediately.
(2) Yokogawa may terminate this Agreement without any notice or
demand to the Licensee immediately, if the Licensee breaches any of the
terms and conditions of this Agreement.
10. No Assignment
Neither this Agreement nor any of the rights and obligations hereunder may
be assigned or transferred by the party hereto to any third party without prior
written consent of the other party.
11. Effect of Termination
(1) Articles 6, 7, 11 and 12 shall survive any expiration or termination of
this Agreement.