NEC warranty End User Software License Agreement, NEC PowerMate eco Getting Started Guide

End User Software License Agreement

IMPORTANT -- READ CAREFULLY BEFORE OPENING SOFTWARE PACKET(S) AND/OR USING THE SOFTWARE. BY OPENING THE SEALED PACKET(S) CONTAINING THE SOFTWARE AND/OR USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING SOFTWARE LICENSE AGREEMENT AND ANY OTHER ASSOCIATED DOCUMENTATION.

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This software license agreement, including any additional provisions set forth in any other associated documentation, is a legal agreement between you (either an individual or an entity) and NEC Solutions (America), Inc. (“NECSAM”). By opening the sealed software packet(s) and/or using the software, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the unopened software packet(s) and the accompanying items (including any hardware, written materials, and binders or other containers) to the place you obtained them for a full refund.

1.GRANT OF LICENSE. This License Agreement permits you to use one copy of the software program(s) included in this package (the “SOFTWARE”) on a single computer. The SOFTWARE is in “use” on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute “use” for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed. If the SOFTWARE is not accompanied by a new computer system, you may not use or copy the

SOFTWARE.

2.COPYRIGHT. The SOFTWARE (including any images, “applets”, photographs, animations, video, audio, music and text incorporated into the SOFTWARE) is owned by NECSAM or it licensors and is protected by United States copyright laws and international treaty provisions and all other applicable national laws. All rights are reserved. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that if the SOFTWARE is not copy protected 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 the user documentation accompanying the SOFTWARE.

3.SOFTWARE MEDIA. You may receive the SOFTWARE in disk media, or on a CD-ROM, or installed on the hard disk drive or ROM of your computer, or in multiple forms of media. Regardless of the number or type(s) of media you receive, you may use only the media appropriate for your single computer. You may not use the other media on another computer or load, rent, lease, or transfer them to another user except as part of the permanent transfer (as provided below) of all SOFTWARE and user documentation.

4.OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions. To the maximum extent permitted by applicable law, you may not reverse engineer, decompile, or disassemble the SOFTWARE.

5.U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at

48CFR 52.227-19, as applicable. Manufacturer is NEC Solutions (America), Inc., 15 Business Park Way, Sacramento, CA 95828, or its suppliers.

6.TRADEMARK. The trademarks contained in the SOFTWARE are owned by their respective owners. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks.

NEC PowerMate eco Getting Started Guide 23