Publicité
Article 8 Termination
In case the User falls under any of the events described in the following items, the Licensor may immediately terminate
this Agreement or claim that the User compensates for the damage incurred by the Licensor due to such event:
(1) when the User violated any provision of this Agreement; or
(2) when a petition has been filed against the User for an attachment, provisional attachment, provisional disposition
or any other compulsory execution.
Article 9 Destruction of the Licensed Software
If this Agreement is terminated pursuant to the provision of Article 8, the User shall destroy the Licensed Software, any
related documents and copies thereof within two (2) weeks from such date of termination.
Article 10 Export Restriction
1. The User shall understand that the Licensed Software shall be subject to the export restrictions adopted by the
country of User and any other countries.
2. The User shall agree that the software will be subject to any and all applicable international and domestic laws
including the export control regulation of the country of User and any other countries, and any restrictions concerning
the end-users, the use by end-users and importing countries to be provided by the country of User and any other
countries, and any other governmental authorities.
3. If the User is an agency of the United States of America (the "Government"), the User acknowledge Licensor's
representation that the Licensed Software is a "Commercial Item" as defined in Federal Acquisition Regulation (FAR)
part 2.101(g) consisting unpublished "Commercial Computer Software" as those items are used at FAR part 12.212
and is only license the User with the same use right Licensor grants all commercial end users pursuant to the terms of
this Agreement.
Article 11 Miscellaneous
1. In the event any part of this Agreement is invalidated by operation of law, the residual provisions shall continue in
force.
2. Matters not stipulated in this Agreement or any ambiguity or question raised in the construction of this Agreement
shall be provided or settled upon good-faith consultation between the Licensor and the User.
3. The Licensor and the User hereby agree that this Agreement is governed by the laws of Japan, and any dispute
arising from, and relating to the rights and obligations under, this Agreement shall be submitted to the exclusive
jurisdiction of the Tokyo District Court for its first instance.
121
Publicité
