NEC NEAX 2000 IPS manual End User License Agreement

END USER LICENSE AGREEMENT

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE INASETTM: USING THE PRODUCT SHALL INDICATE THAT YOUR COMPANY HAS ACCEPTED THE TERMS AND CONDITIONS OF THIS LEGAL AGREEMENT. AS REFERENCED HEREIN, IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY RETURN THE PRODUCT UNUSED TO THE COMPANY FROM WHICH YOU PURCHASED IT WITHIN A REASONABLE PERIOD OF TIME (NOT TO EXCEED ONE MONTH) FOR A FULL REFUND OF MONEY PAID FOR THE PRODUCT.

NEC Infrontia Corporation ("NEC-i") and its Licensor NEC Infrontia, Inc. ("NECII") grants to sublicense to the end-user

("You") the use of the Software preinstalled in the InasetTM you acquired ("Product") pursuant to the following terms and conditions.

1.TERMS

(1)This Agreement is effective upon using the Product and shall remain in force until terminated.

(2)You may terminate it voluntarily at any time by written notice as indicated in Section 9.

(3)NECII may terminate this Agreement without notice upon your failure to abide by this Agreement.

(4)All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damage, and NECII or its supplier’s proprietary rights shall survive termination.

2.LICENSE

NECII grants you a nonexclusive and royalty-free license to use the software solely on the Product which is provided to you as preinstalled in the Product ("Software").

3.RESTRICTIONS

(1)You may not rent or lease the Software, but you may transfer the Product, the Software (not a part) and accompanying documentation on a permanent basis, provided that you retain no copies of the Software and the recipient agrees to be bound by all of the terms and conditions of this Agreement.

(2)You agree not to modify, alter, decompile, disassemble, reverse engineer or otherwise attempt to derive the Source Code of the Software.

(3)You may not copy the Software.

(4)You may not use the Software other than in connection with the Product.

(5)You will not export or re-export the Software without the appropriate United States or foreign government licenses.

4.TITLE

Title to and ownership of the Software, related documentation and any reproduction thereof shall remain with NECII, its affiliates and its suppliers and the trademarks are the property of such trademark owners. This Agreement does not grant you any right (whenever by license, ownership or otherwise) in or to patents, copyrights, trade secrets, trade names, trademarks or any other intellectual property right with respect to the Software.

5.COPYRIGHT

THE SOFTWARE IS COPYRIGHTED AND, EXCEPT AS PERMITTED BY THIS AGREEMENT, YOU MAY NOT DUPLICATE THE SOFTWARE OR DISCLOSE IT TO ANY OTHER PARTY.

6.LIMITED WARRANTY

YOU AGREE THAT THE SOFTWARE IS PROVIDED AND LICENSED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NECII AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE. YOU BEAR THE ENTIRE RISK RELATING TO THE QUALITY OF THE SOFTWARE AND, IF THE SOFTWARE PROVES TO HAVE ANY DEFECTS, YOU ASSUME THE COST OF ANY NECESSARY SERVICING OR REPAIRS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT THE ABOVE EXTENSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIAL LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

7.LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NECII OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT, INTERRUPTATION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF NECII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NECII BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE PORTION OF THE PRODUCT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8.OTHERS

(1)This Agreement shall be construed and interpreted according to the laws of Connecticut.

(2)The Software is a "commercial item" as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, NECII provides the Software to U.S. Government End Users only pursuant to the terms and conditions therein.

(3)You are hereby notified that Wind River K.K. and its licensors ("Wind River") are a third-party beneficiary to this Agreement to the extent that this Agreement contains provisions which relate to your use of the software provided by Wind River. Such provisions are made expressly for the benefit of Wind River and are enforceable by Wind River in addition to NECII.

9.NOTICE

NEC Infrontia, Inc.

6535 N. State Highway 161, Irving, Texas 75039-2402 Attn: CNG Contracts Administration

Main Telephone: 214-262-2000