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contract termination.
The Company can terminate this contract any time if the customer fails to comply with any provision of this
(2)
contract
After termination of this contract, the customer cannot use this product and this document for any purpose.
(3)
After this contract is terminated, Article 1 Section 2, Article 1 Section 3, Article 2, Article 3, Article 5, Article 6,
Article 7, and Article 8 are assumed to continue to take effect.
5.
Export
The customer must not export this product, as well as the whole or a part of this document directly or indirectly
without getting permission from the Philippines Government, US Government, and the associated foreign
government. Also, it cannot be used outside Philippines because it does not conform to foreign regulations, etc.
6.
Limitation of Liability
The Company or our partner shall not be responsible for the procurement cost, profit losses, indirect losses,
extraordinary losses, consequential losses, incidental losses, or punitive damages (including cases where the
Company has foreseen or predicted the occurrence of damage) arising out of the use of this contract, using
alternate goods or alternate services resulting from using or unavailability of the licensed product. Also, when the
Company or our partner is liable for the damages, regardless of its legal structure, the upper limit shall be the
amount equivalent to the price of the licensed product considering the Product paid by the customer.
7.
Third-party Software
This software includes software components licensed from third-parties.The provisions of this contract are not
applicable to these software components, and their respective license conditions shall apply. For the details of
these software and their terms of use, please refer to the instruction manual.
8.
General Provisions
This contract is governed by Philippines law and interpreted in accordance with the country's law.
(1)
For the resolution of all disputes related to this contract, it shall be settled at the Tokyo District Court as the
(2)
exclusive jurisdiction court of the first instance.
The customer, regardless of any operation of law other modes, may not succeed, transfer or entrust this
(3)
contract or contract rights in this document without prior written consent.
This contract governs the full agreement between the Company and the customer regarding the subject
(4)
matter of this contract, and will replace all previous consent, agreement, and declaration of intention or
memorandum of understanding.
The Software is a "commercial item" as that term is defined in 48 C.F.R. 2.101, consisting of "commercial
(5)
computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R.
12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, NEC Platforms
provides the Software to U.S. Government End Users only pursuant to the terms and conditions therein.
|Introduction
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