Panasonic EB-X200 End-user Software License Agreement, Limitations on END-USER Rights

Licensing

End-user Software License Agreement

By use of this Panasonic cellular phone, including any embedded software features or programs ("Embedded Software"), you agree to the terms and conditions of this End-User Software License Agreement ("EULA").

1.END-USER RIGHTS: You are granted a limited end-user right to use the Embedded Software only as part of and together with this Panasonic cellular phone. You agree to use the Embedded Software in a manner that complies with all applicable laws, including laws related to copyright and other intellectual property rights. All other uses are prohibited.

2.LIMITATIONS ON END-USER RIGHTS:

(a)You may not reproduce, copy, or transfer the Embedded Software to any other device;

(b)You may not create derivative works of any type based on the Embedded Software (unless and except as expressly permitted as part of a feature application);

(c)You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Embedded Software;

(d)You may not transfer this Panasonic cellular phone other than to a transferee end-user who undertakes to observe the same obligations as those set out in this EULA;

(e)You may not remove any proprietary notices, such as copyright, trademark, or otherwise, from the Embedded Software.

3.INTELLECTUAL PROPERTY RIGHTS: The Embedded Software is protected by copyright, trademark, patent and/or other intellectual property rights and is owned by Panasonic Mobile Communications Co., Ltd. ("PMC") and/or is under license from PMC's licensors.

4.TERMINATION: Your right to use the Embedded Software may be terminated for failure to comply with any of the terms of this EULA.

5.LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PMC, ITS AFFILIATES, AND THEIR LICENSORS BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EMBEDDED SOFTWARE. EXCEPT AS EXPRESSLY STATED IN THE RELEVANT WARRANTY CARD, PMC, ITS AFFILIATES, AND THEIR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED TO THE END-USER IN THE RELEVANT WARRANTY CARD ARE EXCLUSIVE.

6.ADDITIONAL THIRD PARTY TERMS: The Embedded Software may contain third party software subject to separate third party license terms and conditions set forth in the user manual or associated product documentation and/or displayed on the LCD of this Panasonic cellular phone. You acknowledge and agree that such third party software is governed by the third party license terms, as applicable, and that such terms are solely between you and the applicable licensor.

7.EXPORT REGULATIONS/RESTRICTED RIGHTS: The Embedded Software is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations. You confirm that with respect to the Embedded Software, you will not export or re-export it, directly or indirectly, to any countries that are subject to U.S. export restrictions. Use, duplication or disclosure by the U.S. government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227- 7013(c)(1)(ii) and FAR 52.227-19(c)(2) as applicable.

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