Anritsu Company Software License Agreement

ANRITSU COMPANY SOFTWARE LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY BEFORE OPENING THE SOFTWARE PACKET. BY OPENING THE PACKET CONTAINING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOURSELF, AND YOUR EMPLOYER, IF APPLICABLE, AND ANRITSU COMPANY (“ACUS”). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNOPENED SOFTWARE PACKAGE, AND THE ACCOMPANYING DOCUMENTATION TO ANRITSU FOR FULL CREDIT.

SOFTWARE LICENSE AGREEMENT

1.GRANT OF LICENSE. This License Agreement permits you to use enclosed software program (the “Software”) on a computer. The SOFTWARE is in use on a computer when it is loaded into temporary memory (i.e. RAM) , installed into permanent memory (i.e. hard disk, CD-ROM, or other storage device), or installed/ loaded into any appropriate Anritsu product. All rights not expressly granted are reserved to ACUS. This Grant of License is not subject to transfer or assignment by Licensee.

2.COPYRIGHT. This SOFTWARE is owned by ACUS and is protected by United States copyright laws and international treaty provisions. Furthermore, it is considered by ACUS to be ACUS proprietary information. Therefore, you must treat the SOFTWARE like any other copyrighted or proprietary material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk, provided you keep the original solely for backup or archival purposes. You may NOT copy any written documentation accompanying the SOFTWARE.

3.OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the SOFTWARE, nor may you publish the SOFTWARE on the internet, or load the SOFTWARE onto your company’s network.

4.DUAL MEDIA SOFTWARE. If the SOFTWARE package contains both 3.5 in. disks and CD-ROM , then you may only use the disks appropriate for your computer. You may not use the other disk on another computer, or loan, lease, or transfer them to another user except as part of the permanent transfer of all SOFTWARE and written materials.

5.WARRANTY. ACUS warrants for a period of one (1) year from date of delivery that the SOFTWARE will, unless modified, perform the functions described in the accompanying documentation. ACUS’s sole obligation is to undertake to correct or replace any reported error conditions.

ACUS DOES NOT WARRANT THAT THE SOFTWARE WILL RUN PROPERLY ON ALL HARDWARE, THAT THE SOFTWARE WILL MEET LICENSEES REQUIREMENTS, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED.

THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ACUS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, , OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY licensee,

REGARDLESS OF WHETHER IN TORT OR CONTRACT, AND REGARDLESS OF WHETHER LICENSEE HAS ADVISED ACUS OF THE POSSIBILITY OF SUCH LOSSES.

6.Export Control. Licensee agrees that it shall not export or re-export the software covered hereunder, or any portion thereof, directly, or through others, to the proscribed countries listed in Section 779.4 and associated or successor sections of the U.S. Export Administration Regulations unless properly authorized by the U. S. Government. Licensee further agrees to fully comply with all of the rules and regulations regarding export of this software that may be issued from time to time by the Japanese Ministry of International Trade and Industry.

7.Any breach of the terms or conditions of this Grant of License will result in termination of the license granted hereunder. Upon termination of the license granted hereunder, Licensee shall return all copies of the software to ACUS, or certify their destruction in writing.

8.This agreement, and all of the rights hereunder, shall be interpreted and determined by the laws of the State of California, and all disputes shall be subject to the jurisdiction of the Courts within the State of California.