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Hitachi

Licensor:

FUJITSU LIMITED
4-1-1 Kamikodanaka, Nakahara-ku, Kawasaki-shi, Kanagawa-ken 211-8588, Japan,

Hitachi, Ltd.
6, Kanda-Surugadai 4-chome, Chiyoda-ku, Tokyo 101-8010, Japan

and

NEC Corporation
7-1, Shiba 5-chome, Minato-ku, Tokyo 108-8001, Japan.

Licensor grants to you ( hereinafter referred to as "User") a license to use the RM4GS alpha version and its documentation ( hereinafter collectively referred as to the "Software") free of charge but subject to the following terms and conditions. User assumes all responsibility for the selection, adoption, use and the result of use of the Software.

  1. Licensor may terminate this Agreement at any time if User fails to comply with any of the terms and conditions of this Agreement.
  2. Upon termination of this Agreement, User shall destroy or dispose of the Software and any copies of the Software.
  3. User may make copies of the Software only to the extent necessary for internal use, provided that User shall reproduce the Licensor's copyright notice on each copy of the Software.
  4. User shall not modify, reverse engineer, decompile and/or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  5. User shall not use the Software for any commercial purpose.
  6. In case that User will make any announcement or publication of a result derived from use of the Software, User shall specify the name of the Software and its copyright holders (such copyright holders are Licensor) as following.
    RM4GS alpha version
    Copyright (C) FUJITSU LIMITED & Hitachi, Ltd. & NEC Corporation(2003-2004), All Rights Reserved.
  7. No provision in this Agreement shall be construed to assign and/or transfer any intellectual property right in the Software to User.
  8. Except as otherwise expressly permitted in this Agreement, User may not sublicense, assign, transfer or otherwise dispose of the license for the Software.
  9. THE SOFTWARE IS PROVIDED "AS IS" AND LICENSOR MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER REGARDING THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRET OR ANY OTHER RIGHTS.
  10. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY CLAIM FROM A THIRD PARTY, OR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE.
  11. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of Japan.
  12. User shall not export the Software, all the related documentation and all copies thereof to any country to which such export would be prohibited by any applicable laws.
  13. User represents and warrants that User will not use the Software
    1. for any purpose or activity that may disturb international peace and security, including the design, development, production, stockpile or any use of weapons of mass destruction such as nuclear, chemical or biological weapons or missiles to deliver any such weapons;
    2. for any other military purposes or activities directly or indirectly.
  14. User also represents and warrants that User is not listed on the End User List provided by the Ministry of Economy, Trade and Industry of Japan.
  15. User represents and warrants that User will not use the Software in any manner that could lead directly to death, personal injury, severe physical damage or other loss, including without limitation, nuclear reaction, control of nuclear facilities, aircraft flight control, air traffic control, mass transport control, or medical life support systems.
  16. The parties hereto submit to the exclusive jurisdiction of the Tokyo District Court of Japan with respect to all controversies arising from the interpretation and performance of this Agreement.

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