Software License Agreement - NEC ZA-SA3500G Function Manual

1.8. Software License Agreement

NEC Platforms Ltd. (hereinafter referred as "the Company") allows the customer to use the software (hereinafter
referred as "this software") installed in our SA3500G (hereinafter assumed as "this product") and the related
document (hereinafter assumed as "this document") (Collectively, software and this document is referred to as the
"licensed product") based on the software license agreement (hereinafter assumed as "this contract"). Before using
this product, please read this contract carefully. When the customer has started using this product, it is assumed that
the customer has agreed to this contract. Refrain from using this product if the customer does not agree with this
contract and immediately return the purchased product with all the bundled items and proof of payment to the seller.
In this case, the paid amount will be returned.
1. Right to use
The Company allows the customer with limited, non-exclusive, and non-transferable right to use this software
(1)
only in this product, in accordance with this document.
The above-mentioned right of use does include the right to execute the following:
(2)
(i) Duplication, modification, translation, creating a quotation or a secondary article of the entire or part of the
licensed items. (ii) Offering whole or a part of this product as well as this document by sales, lease, loan,
distribution, re-use license or other methods. (iii) Trying to obtain the entire or part of the source code of the
licensed products by reverse engineering, or other methods to disassemble, the whole or part of this
software. (iv) Erase, modify or conceal the copyright display, trademark notice or other property right displays
that are written or embedded in the licensed products. (v) Use all or a part of this software other than this
product. (vi) Provide all or part of this software separately from this product. (vii) Use this software to develop
software application for customer's business. (viii) Using the licensed product in other usage, such as life-
support systems, implants, nuclear facilities and systems, or any othe application in which a failure can lead to
death or cause catastrophic property damage. (ix) Make a third party execute any of the above-mentioned or
allow a third party to execute any of the above-mentioned.
The Company has the right to audit the use and usage status of the licensed product for the purpose of
(3)
confirming the compliance of the customer to the terms and conditions of this contract with prior written
notice to the customer. However, the audit will be carried out during business hours as long as it does not
disturb the customer's business.
2. Attribution of Intellectual Property Rights
No provision of this contract will transfer the intellectual property rights and any update program of the licensed
product to the customer (It does not matter whether or not the Company created the program update) is not
transferred to the customer. All rights on the licensed products belong to the Company or the suppliers of the
Company
3. No Warranty
The Company does not guarantee the customer any kind relating to the licensed product.
(1)
Based on the software maintenance agreement to be concluded separately with the customer, if there are
(2)
licensed product updates, function addition, changes or bug fixes (collectively referred to as "updates"), the
Company will provide the customer a program or update program, provided, however, that the program or
the necessity of providing such information, the timing, the method, etc. shall be decided based on the
judgement of the Company. The update program to be provided constitutes part of the licensed product.
4. Contract period and termination
The customer can terminate this contract by written notice to the Company at least 30 days before the
(1)
14 Introduction|