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Article 9 Destruction of the Licensed Software
If this Agreement is terminated pursuant to the
provision of Article 8, the User shall destroy the
Licensed Software, any related documents and
copies thereof within two (2) weeks from such date
of termination.
Article 10 Export Restriction
1. The User shall understand that the Licensed
Software shall be subject to the export restrictions
adopted by the country of User and any other
countries.
2. The User shall agree that the software will be
subject to any and all applicable international and
domestic laws including the export control regulation
of the country of User and any other countries, and
any restrictions concerning the end-users, the use
by end-users and importing countries to be provided
by the country of User and any other countries, and
any other governmental authorities.
3. If the User is an agency of the United States of
America (the "Government"), the User acknowledge
Licensor's representation that the Licensed
Software is a "Commercial Item" as defined in
Federal Acquisition Regulation (FAR) part 2.101(g)
consisting unpublished "Commercial Computer
Software" as those items are used at FAR part
12.212 and is only license the User with the same
use right Licensor grants all commercial end users
pursuant to the terms of this Agreement.
Article 11 Miscellaneous
1. In the event any part of this Agreement is
invalidated by operation of law, the residual
provisions shall continue in force.
2. Matters not stipulated in this Agreement or any
ambiguity or question raised in the construction of
this Agreement shall be provided or settled upon
good-faith consultation between the Licensor and
the User.
3. The Licensor and the User hereby agree that this
Agreement is governed by the laws of Japan, and
any dispute arising from, and relating to the rights
and obligations under, this Agreement shall be
submitted to the exclusive jurisdiction of the Tokyo
District Court for its first instance.
186
Software License Agreement
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