NEC Corporation ("NEC") grants you the right to use the software program ("Software") under the terms and conditions of this Agreement only in the country where you acquired the Software. You shall agree to all provisions of this Agreement and assume responsibility for selection, installation, use and effect of the Software purchased for your desired effect. 1. Period 1.1 This Agreement shall come into force on the day of the first download. 1.2 You may terminate the license granted hereunder by notifying us in writing at least one month prior to the desired termination date. 1.3 NEC may terminate the license granted you hereunder at any time if you fail to comply with any terms and conditions of this Agreement. 1.4 The license to the Software shall remain in force until the license is terminated on the date set forth hereunder. 1.5 Upon termination of the license, other rights granted you hereunder shall also be terminated. You must destroy, uninstall or dispose of the Software, any copies of the Software and other materials provided with the Software. 2. Right of use 2.1 You may use the Software only on the purchased products, the products which NEC defines as the supported models for the Software. 2.2 NEC grants you the right to use the Software only in the country in which you acquired the Software in accordance with the conditions of the preceding paragraph. 3. Intellectual Property Rights including patent and copyright All of the intellectual property rights to the Software including patent and copyright belong to NEC and/or the owners of the copyright or any other intellectual property rights to the Software. No Intellectual Property Rights including patent and copyright to the Software shall be transferred to you. The Intellectual Property Rights can be protected as a matter of Japan, U.S.A., and any other applicable laws and regulations. 4. Copying, altering, and combining of the Software 4.1 You may only make one copy of the Software solely for a backup purpose, provided, however, that the copy of the Software is loaded into permanent memory of the system (such as a hard disk drive). You may store the Software solely to prevent damages or loss of the memory media. 4.2 You shall place the copyright notice and other legends on each copy of the Software. 4.3 You may not use, copy, alter, combine, publish, reproduce the Software over the Internet, or otherwise dispose of the Software except as provided in this Agreement. 4.4 You may not copy, publish the manual and other related documentation provided with the Software, or reproduce such manual and documentation over the Internet. 4.5 No intangible property right to the Software shall be transferred to you. 5. Transfer You may not sublicense, assign, transfer, or otherwise dispose of the Software or the right of use to any third party except as provided herein. 6. Reverse compile You may not reverse engineer, decompile, or otherwise disassemble the Software. 7. Limitation of warranties 7.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEC DISCLAIMS ALL WARRANTIES FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NEC MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF ANY SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO, ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL NEC BE HELD LIABLE WITH RESPECT TO ANY CLAIM BY YOU OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING OUT OF THE USE OF THE SOFTWARE. 7.2 Notwithstanding the provisions of the preceding paragraph, in case NEC makes any bug-fix version to the Software, NEC will, at its expense, furnish you with such bug-fix version, update version, or information in relation to such bug-fix or update version both in the source code form and object code form, and such bug-fix version or update version shall be considered as the licensed Software. 8. No liability IN NO EVENT SHALL NEC BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OR DAMAGES BASED ON ANY THIRD PARTY CLAIM, EVEN IF NEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. Miscellaneous 9.1 This Agreement shall be governed by the laws of the country in which you acquired the Software. 9.2 You agree that NEC inspects the use of the Software and provides the information of the inspection to the owner of the copyright to the Software. 9.3 If the Software is licensed for use in the performance of a U.S. Government prime contract or subcontract, You agree that, consistent with FAR 12.211 and 12.212, commercial computer Software, computer Software documentation and technical data for commercial items are licensed under this Agreement. 9.4 If the Software has a file written about software license (hereinafter referred to as "License File"), the terms of License File are applied to the files specified in License File, regardless of the above-mentioned Agreement.