License Agreement

XG0448 Hardware Guide

Product Name

XG Series Basic Software

Total number of licenses

Thank you for purchasing the XG Series switch product ("Hardware") and accompanying software ("Software," together with Hardware, collectively, referred to as "Product") manufactured by Fujitsu Limited ("Fujitsu"). The use of the Product is subject to Customer's acceptance of the terms and conditions of the following requirements ("Use Requirements").

Please note that Customer's use, installation or backup of the Product constitutes your acceptance of the following Use Requirements. Please keep this License Agreement in a secure location as it will not be re-issued.

1.Use and Copyright of the Software

Customer may use the Software solely in connection with the single Hardware that Customer has purchased.

The total number of Hardware that Customer can use in connection with the Software is limited to the number of license specified above. Customer needs to purchase an additional license from Fujitsu in order to use the Software in connection with additional unit of the XG Series switch product or other functions. Customer acquires only right to use the Software by purchasing, this Software is copyrighted by Fujitsu or the third party that developed the software used in the Software.

2.Transfer

Customer may not assign, transfer, lease, relicense or sublicense the Software or any rights in or to the Software to third parties. Customer further agrees to keep the Software free and clear of any and all claims, liens, security interests and other encumbrances.

3.Modification

Customer may not modify, disassemble, decompile or reverse engineer the Software.

4.Scope of Warranty

1)If Customer notifies Fujitsu of any discrepancy between the manual, user guides or other related documents ("Documentation") and the Software, Fujitsu shall, at its sole discretion, correct or provide information relating to such correction free of charge within ninety (90) days of Customer's purchase of the Product ("Warranty Period").

2)During the Warranty Period, if the said discrepancy between the Documentation and the Software cannot be corrected despite Fujitsu's repeated corrections or provision of information within reasonable limits as set forth in subsection (1) above, Fujitsu shall be liable for damages incurred to Customer by reason of such discrepancy.

Fujitsu's aggregate liability for such damages shall not exceed the amount equal to the total price of the Product. Further, Fujitsu shall not be liable for (i) damages to the extent they are caused by conditions not attributable to Fujitsu, or (ii) any damages caused by special conditions such as indirect, incidental, special, consequential or punitive damages, or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by Customer or any third party, even if Fujitsu has been advised of the possibility of such damages or even if such damages are foreseeable.

3)In the event a third party files a lawsuit, an appeal, a claim, or similar action ("Claim") against Customer alleging that the Software infringes any patent, copyright, trademark, trade secret or any other intellectual property right ("Intellectual Property Rights") of such third party, upon Customer's request and Customer's delegation of its rights to Fujitsu, Fujitsu shall assume control of the defense and settlement of any such Claim at its sole cost and responsibility.

In such event, Fujitsu will pay for damages and expenses attributable to such Claim.

4)If it is determined in a final judgment or settlement that the Software infringes Intellectual Property Rights of a third party as described in subsection (3) above, Fujitsu shall take any one of the measures described below at its sole discretion:

a.modify the Software to be non-infringing;

b.obtain permission from third parties so that the Customer can use the Software; or