Article 5 Indemnification
Our Company shall not be liable for any damages in connection with the use of this Software, including direct, incidental, consequential, special and punitive damages, etc., whether based on this Agreement or otherwise, even if our Company has been or could have been aware of such damages. Similarly our Company shall not be liable for any claims by any third party against you or your customers, nor shall our Company be obliged to compensate such third party or indemnify you or your customers for such claims. You shall indemnify and hold harmless our Company, its affiliates and Licensor worldwide from any claim, damage, loss, expense, including attorney’s fees, or liability in connection with your use of this Software.
Article 6 Term
1.This Agreement and this License shall come into effect when the earliest act of Initiation implemented on your certain PC occurs. Our Company may terminate this License without notification if you are in breach of any provision in this Agreement. Our Company further reserves the right to claim for any damages it may suffer arising from such breach by you.
2.Upon termination of this License, you shall immediately destroy or delete this Software and all its copies, (which shall include erasing the copies stored or recorded on your PC, other hardware, memory, etc.) except those in the form of Tangible Media which shall be returned to our Company, at your responsibility, and shall submit a certificate of such destruction and deletion on our Company’s request.
Article 7 Export Control
You agree not to illegally export,
Article 8 Others
1.Any modification, addition, deletion or other changes to this Agreement shall be invalid unless such changes are made in writing and affixed with the name and seal of or signed by the authorized representative of our Company.
2.This Agreement shall be governed by and construed in accordance with the laws of Japan. Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
3.If any provision of this Agreement is held to be invalid according to the laws of Japan, the remaining provisions will still remain in effect.
End of Agreement
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