NEC ITY-6D Start Manual page 3

provide the Updated Program and related information at the timing and in the
manner determined by NECPF. The Updated Program shall be deemed as a part of
the Licensed Products.
4. Termination
(1) You may terminate this Agreement by giving NECPF a prior written notice.
(2) In the event that you fail to comply with any provision of this Agreement, NECPF may,
at any time, terminate this Agreement.
(3) After any termination of this Agreement, you shall not use the Licensed Products for
any purpose and shall immediately delete or destroy all the Licensed Products.
Sections 1(2), 1(3), 2, 3, 4(3), 5, 6, 7 and 8 shall survive any termination of this
Agreement.
5. Export Control
In any event, you agree that you will export or re-export the Licensed Products to any
country, person or entity subject to any export restrictions and orders of Japan, the
United States and any other country having competent jurisdiction.
6. Limitation of Liability
IN NO EVENT SHALL NECPF ITS SUPPLIERS AND ITS DISTRIBUTORS BE LIABLE
TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS AND PROCUREMENT
COSTS FOR ANY SUBSTITUTE), ON ACCOUNT OF OR ARISING OUT OF USE OF
THE LICENSED PRODUCTS OR IMPOSSIBILITY THEREOF, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND ITS DISTRIBUTORS, THE MAXIMUM
AGGREGATE LIABILITY OF NECPF, ITS SUPPLIERS AND ITS DISTRIBUTORS,
WHETHER IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, SHALL NOT
EXCEED ONE HUNDRED PERCENT (100%) OF THE RESPECTABLE AMOUNT
ACTUALLY PAID FOR PURCHASING THE LICENSED PRODUCTS BY YOU.
7. Open Source Software
The Software includes the Open Source Software components (hereinafter called the
"OSS"). Such OSS is not subject to the terms and conditions of this Agreement but
those of the applicable license. Please visit following website for obtaining details of
such OSS and terms and conditions of use therefor.
https://mind.bcom.nec.co.jp/customernet/soft-license/DT820S_OSS_V4400.html
8. General Provisions
(1) This Agreement shall be governed by and interpreted in accordance with the laws of
Japan.
(2) All disputes arising out of or in relation to this Agreement shall be submitted to the
exclusive jurisdiction of the Tokyo District Court as the court of the first trial.
(3) This Agreement constitutes the entire agreement between you and NECPF and
supersedes any and all oral or written agreements previously existing between you
and NECPF with respect to the subject matter hereof.
(4) The Licensed Product is a "commercial item" as that term is defined in 48 C.F.R.
2.101, consisting of "commercial 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, NECPF
provides the Licensed Products to U.S. Government End Users only pursuant to the
terms and conditions therein.
9 Contact Information
North America
NEC Corporation of America:
3929 W. John Carpenter Freeway, Irving, Texas 75063, U.S.A.
TEL ： +1-214-262-7525
Oceania
NEC Australia Pty. Ltd.:
Level 11 717 Bourke Street, Docklands, VIC 3008, Australia
TEL ： +61-3-9900-9888