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16. The Software End User License Agreement
CORPORATION (hereinafter referred to as "MITSUBISHI") to you (hereinafter referred to as "CUSTOMER"). The term
"SOFTWARE" means any program on any media and any and all related documents and materials provided herewith by
MITSUBISHI.
The SOFTWARE is protected by copyright laws and international copyright treaties as well as any other applicable intellectual
property laws and treaties. The SOFTWARE is licensed under the terms and conditions herein, not sold.
ARTICLE 1 - GRANT OF LICENSE
1.1 MITSUBISHI hereby grants to CUSTOMER a non-exclusive and non-transferable license to use one copy of the
SOFTWARE in object code form on a single module.
1.2 MITSUBISHI hereby grants to CUSTOMER a non-exclusive and non-transferable license to make one (1) copy of the
SOFTWARE for ARCHIVAL PURPOSES ONLY; provided, however, that such copy shall contain the same copyright
notice and proprietary marking appearing on the original SOFTWARE.
ARTICLE 2 – COPYRIGHT
All title and copyrights in and to the SOFTWARE and any copies of the SOFTWARE shall be owned by MITSUBISHI. All
rights not specifically and expressly granted to the CUSTOMER under this Agreement shall be reserved by MITSUBISHI.
ARTICLE 3 – RESTRICTIONS
Except as expressly provided in the above Article 1, CUSTOMER shall not:
(a) make any copy or copies of the SOFTWARE;
(b) modify the SOFTWARE;
(c) sell, distribute, sub-license, lease, rent, assign, transfer or otherwise dispose of the SOFTWARE;
(d) reverse engineer, decompile or disassemble the SOFTWERE;
(e) sub-license, assign or transfer the rights granted to CUSTOMER hereunder.
ARTICLE 4 - LIMITED WARRANTY
4.1 MITSUBISHI will, free of charge, repair or replace any defective recording media upon which the SOFTWARE is recorded
if the media is returned by CUSTOMER to the location where CUSTOMER obtained it within ninety (90) days from the
date of initial receipt of the SOFTWARE by CUSTOMER. This limited warranty does no cover defects due to any accident,
abuse or misapplication, or any cause occurring after the initial receipt of the SOFTWARE by CUSTOMER. The repair
or replacement of the SOFTWARE pursuant to this Article 4.1 shall be CUSTOMER's exclusive remedy.
4.2 MITSUBISHI does not warrant that the functions of the SOFTWARE will meet CUSTOMER's requirements or that
SOFTWARE operation will be error-free or uninterrupted.
ARTICLE 5 - LIMITATION OF LIABILTY
MITSUBISHI SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, GENERAL,
DIRECT,INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS
OF PROFITS, BUSINESS INTERRUPTION AND THE LIKE),WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 6 - EXPORT CONTROL
CUSTOMER agrees to comply strictly with all applicable laws and regulations including but not limited to export control laws
and regulations. CUSTOMER shall not, without MITSUBISHI's prior written consent and any applicable governmental
approval, carry out or export the SOFTWARE, directly or indirectly, to any country other than the country where CUSTOMER
initially obtained the SOFTWARE.
ARTICLE 7 - TERM AND TERMINATION
7.1 Unless terminated under this Agreement, this Agreement shall continue in effect indefinitely.
7.2 MITSUBISHI may terminate this Agreement if CUSTOMER fails to comply with any of the terms and conditions of this
Agreement.
7.3 CUSTOMER may, with one (1) month prior written notice to MITSUBISHI, terminate this Agreement.
7.4 On termination of this Agreement for any reason, all CUSTOMER's rights granted by under this Agreement shall be
automatically terminated and CUSTOMER shall promptly cease to use all the SOETWARE and, at CUSTOMER's costs,
i) shall promptly return all copies of the SOFTWARE to MITSUBISHI or ii) shall promptly destroy all copies of the
SOFTWARE and submit to MITSUBISHI a certificate testifying that all copies of the SOFTWARE have been destroyed.
ARTICLE 8 – MISCELLANEOUS
8.1 This Agreement shall be governed in all respects by the laws of Japan.
8.2 CUSTOMER agrees and acknowledges that CUSTOMER's breach or threatened breach of this Agreement will cause
irreparable injury to MITSUBISHI and that, in addition to any other remedies that may be available, in law, in equity or
otherwise, MITSUBISHI shall be entitled to obtain injunctive relief against threatened breach of this Agreement or the
continuation of any such breach by CUSTOMER in any competent court.
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