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1-5

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<1. Introduction>

IM 01C25R51-01E

(3)

Upon termination of this Agreement, Licensee shall immediately, in accordance with
instructions by Licensor, return all copies of the Licensed Software in its possession to
Licensor or its designee and erase all copies of the Licensed Software installed in any
computer hereunder.

(4)

The license fee paid by the Licensee to the Licensor in consideration of the use of the
Licensed Software hereunder shall be non-refundable unless otherwise expressly
provided herein.

(5)

The provisions of the 1.2.3 and 6 shall survive after termination of this Agreement.

1.2.6

General Provisions

(1)

This Agreement shall be governed by and construed in accordance with the laws of
Japan. All disputes, controversies or differences which may arise between the parties
hereto, out of or in relation to or in connection with this Agreement shall be finally
settled by arbitration in Tokyo, Japan in accordance with the Commercial Arbitration
Rules of the Japan Commercial Arbitration Association. The award rendered by the
arbitrator(s) shall be final and binding upon the parties hereto.

(2)

This Agreement shall supersede any prior representations, discussions, undertakings,
communications or advertising with respect to the Licensed Software.

(3)

If any part of this Agreement is found void or unenforceable under any laws or regula-
tions and Licensor deems it is not reasonable to license without such void or unen-
forceable part, Licensor is entitled to modify the terms of this Agreement or terminate
this Agreement at its option without owing any liability to Licensee.

(4)

Licensee agrees that the Licensed Software shall not be shipped, transferred or
exported to any country or used in any manner prohibited by any export administration
laws, restrictions or regulations or regulations of Japan, the United States and other
countries that may be applicable to the Licenced Software.

1.2.7

DIPPR

(1) Licensed Software may include a database developed by the Design Insti-

tute for Physical Property Data (DIPPR

) which is a branch of the sponsored

research projects of the American Institute of Chemical Engineers (AIChE

(2) THE BYU-TPL WILL USE REASONABLE EFFORTS DESIGNED TO

VERIFY THAT THE DATA CONTAINED IN THE DATABASE HAS BEEN
SELECTED ON THE BASIS OF SOUND SCIENTIFIC JUDGMENT. HOW-
EVER, NEITHER THE BYU-TPL NOR AICHE

MAKE ANY WARRANTIES

TO THAT EFFECT. THE DATABASE IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND. BYU-TPL DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICU-
LAR PURPOSE. NEITHER THE BYU-TPL NOR AICHE

SHALL BE LI-

ABLE FOR ANY DAMAGES, LOSS OF PROPERTY OR PROFITS, OR
CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES THAT MAY
RESULT FROM ERRORS OR OMISSIONS IN THE DATABASE EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(3) LICENSEE ACKNOWLEDGES THE ABOVE 1.2.7 (1) AND (2) AND

AGREES NOT TO MAKE ANY CLAIMS OR DEMANDS AGAINST LICEN-
SOR, BYU-TPL NOR AICHE

WITH RESPECT TO DIPPR

AS STATED IN

1.2.4 (4).