5
construed, expressly or implicitly, as transferring or granting any right, license, or title to you other than those
explicitly granted under this Agreement.
5. Limited Warranty.
Supplier warrants to you that Media is free from any defect in material and workmanship under normal use for
ninety (90) days from the date of your receipt of Media. Should Media not meet the foregoing warranty, supplier
shall replace such defective Media with other Media bearing no defect. Supplier’s entire liability and your sole
and exclusive remedy with regard to any defect in Media shall be expressly limited to such supplier’s replacement
of Media as provided herein
6. DISCLAIMER OF WARRANTY.
EXCEPT AS PROVIDED IN SECTION 5 HEREIN, SUPPLIER PROVIDES PRODUCT “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SUPPLIER SHALL MAKE NO WARRANTY, EXPRESS,
IMPLIED OR STATUTORY, AS TO ANY OTHER MATTERS, INCLUDING, BUT NOT LIMITED TO NON-
INFRINGEMENT OF ANY COPYRIGHT, PATENT, TRADE SECRET, OR ANY OTHER PROPRIETARY RIGHTS
OF ANY THIRD PARTY, MARCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL SUPPLIER HAVE ANY LIABILITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS
OR LOST SAVINGS) INCURRED FROM THE USE OF OR INABILITY TO USE PRODUCT EVEN IF SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. No export.
You acknowledge that neither Software nor any part thereof, will be transferred, or exported to any country or
used in any manner in violation of any export control laws and regulations to which Software is subject.
9. Termination.
In case you breach any of the terms and conditions hereof, supplier may immediately terminate this Agreement
without any notice.
10.Term.
This Agreement is effective until the date when you cease to use Software, unless earlier terminated in accordance
with Section 9 hereof.
11.Obligation upon termination.
Upon termination or expiration of this Agreement, you shall, at your own responsibility and expense, delete or
destroy immediately all Software (including its copies), Media and Documentation.
12.Governing Law.
This Agreement shall be governed by and construed in accordance with laws of Japan.
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