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Article 8 Termination
In case the User falls under any of the events
described in the following items, the Licensor may
immediately terminate this Agreement or claim that
the User compensates for the damage incurred by
the Licensor due to such event:
(1) when the User violated any provision of this
Agreement; or
(2) when a petition has been filed against the User
for an attachment, provisional attachment,
provisional disposition or any other compulsory
execution.
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part 2.101(g) consisting unpublished "Commercial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.
46
Software License Agreement
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