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5.
NO WARRANTY.
FGL EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT AND ANY RELATED DOCUMEN-
TATION. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, STATUTORY
WARRANTIES, THE IMPLIED WARRANTIES MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF THIRD PARTY'S RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE
OF THE SOFTWARE PRODUCT REMAINS WITH YOU. HOWEVER, IF WITHIN (90) DAYS FOLLOWING YOUR PUR-
CHASE OF THE SOFTWARE, YOU NOTIFY FGL OF PHYSICAL DEFECT OF THE MEDIA CONTAINING SOFTWARE,
FGL WILL REPLACE THE DEFECTIVE MEDIA WITH NEW MEDIA.
6.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL FGL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION,
DAMAGES ARISING OUT OF DATA OR INFORMATION DERIVED FROM OR BASED ON THE ELECTRICITY CHARGE
APPORTIONMENT FUNCTION IN THE SOFTWARE OR ANY OTHER PECUNIARY LOSS) DIRECT OR INDIRECT, TO
YOU OR TO ANY THIRD PARTY, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE , EVEN IF FGL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.
ENTIRE AGREEMENT.
This LICENSE AGREEMENT (including any addendum or amendment to this LICENSE AGREEMENT included with
the SOFTWARE PRODUCT) is the entire agreement between you and FGL relating to the SOFTWARE PRODUCT and
supersedes all prior contemporaneous oral or written communications, proposals and representations with respect to the
SOFTWARE PRODUCT or any other subject covered by this LICENSE AGREEMENT.
8.
INDEMNITY.
You agree to indemnify and hold FGL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any damage, claim or demand, including without limitation reasonable attorneys' fees, made
by any third party due to or arising out of use of the SOFTWARE.
9.
GOVERNING LAW AND JURISDICTION.
This LICENSE AGREEMENT is governed by the laws of JAPAN. You and FGL hereby irrevocably submit to the exclusive
jurisdiction of the Tokyo District Court and other higher courts having jurisdiction in Japan for the settlement of disputes
arising under or in connection with this LICENSE AGREEMENT.
Copyright© 2013-2015 Fujitsu General Limited. All rights reserved.
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