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Article 3 (Terms of License)
1.
In assigning this product, User may not retain
the original copy of the embedded Licensed
Software (including associated literature,
updates and upgrades) and any duplicates
and associated literature with regard to
the license to use Licensed Software. User
may transfer Licensed Software only to the
condition of binding the assignee to abide by
the terms of this Software License Agreement.
2.
User may not reverse-engineer, disassemble,
decompile or otherwise analyze the source
code of Licensed Software.
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.
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