END-USER SOFTWARE LICENSE AGREEMENT

BEFORE USING THE PRODUCT

THANK YOU FOR PURCHASING THIS SOFTWARE PRODUCT DEVELOPED BY MITSUBISHI ELECTRIC CORPORATION (“MITSUBISHI ELECTRIC”). PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END-USER SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) BEFORE YOU USE THE SOFTWARE PRODUCT (“SOFTWARE”) SPECIFIED IN LICENSE CERTIFICATE (“CERTIFICATE”). INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT INSTALL THE SOFTWARE.

END-USER SOFTWARE LICENSE AGREEMENT

This AGREEMENT is entered into between MITSUBISHI ELECTRIC and you (“CUSTOMER”).
The term “SOFTWARE” shall include (1) any software program, (2) its copies, and (3) any and all documents in connection with the SOFTWARE.

Article 1 - GRANT OF LICENSE

During the term of this AGREEMENT and subject to the terms and conditions hereof, MITSUBISHI ELECTRIC hereby grants to CUSTOMER a non-exclusive right to the SOFTWARE, as set forth in the following items, up to the number of licenses specified in the CERTIFICATE.

1. (i)In the event that CUSTOMER acquires the SOFTWARE for their own internal use, CUSTOMER may:
   1. a) copy and use the SOFTWARE on a computer (OS) or Graphic Operation Terminal "GOT3000 series" ("GOT") managed by CUSTOMER.
2. (ii)In the event that CUSTOMER acquires the SOFTWARE for the purpose of distributing (including selling, transferring, or leasing; the same applies below) the SOFTWARE to third party, CUSTOMER may:
   1. a) use and copy the SOFTWARE for the purpose of manufacturing CUSTOMER’s product ("PRODUCT").
   2. b) distribute to CUSTOMER’s customers a copy of the SOFTWARE, which is inseparably integrated into the PRODUCT, either directly or indirectly through CUSTOMER’s distributors.
   3. c) sublicense to CUSTOMER’s customers the right to use copies of the SOFTWARE distributed under Article 1 (ii) b) above, provided that CUSTOMER shall, either directly or indirectly through CUSTOMER’s distributors, impose upon such customers in writing the same obligations as those of CUSTOMER under this AGREEMENT. If CUSTOMER's customers breach any of these obligations, CUSTOMER shall be fully liable to MITSUBISHI ELECTRIC for such breach.

Article 2 - LIMITED WARRANTY

1. 1.MITSUBISHI ELECTRIC SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND OTHER PECUNIARY DAMAGES), CAUSED BY THE USE OF OTHER PRODUCTS (INCLUDING BUT NOT LIMITED TO OPERATING SYSTEMS, RESIDENT SOFTWARE PRODUCTS, COMPUTER, AND THE PERIPHERAL EQUIPMENT) THAT OPERATE IN COOPERATION WITH THE SOFTWARE OR BY UNAVAILABILITY OF THESE PRODUCTS.
2. 2.MITSUBISHI ELECTRIC DOES NOT WARRANT THAT THE QUALITY AND FUNCTIONS OF THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS AND IS NOT LIABLE FOR ANY DEFECTS AND QUALITY OF THE SOFTWARE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. CUSTOMER SHALL BE LIABLE FOR THE INSTALLATION OR USE OF THE SOFTWARE AND ALSO FOR THE RESULT OF USING THE SOFTWARE.
3. 3.IN ANY CIRCUMSTANCES, THE RESPONSIBILITY OF MITSUBISHI ELECTRIC UNDER THIS AGREEMENT DOES NOT EXCEED THE TOTAL AMOUNT OF COST THAT THE CUSTOMER ACTUALLY PAID TO MITSUBISHI ELECTRIC, MITSUBISHI ELECTRIC’S SALES OFFICE OR DISTRIBUTOR FOR THE USE OF THE SOFTWARE.

Article 3 - CHANGE OF SPECIFICATION

MITSUBISHI ELECTRIC may change the specifications of the SOFTWARE without prior notification.

Article 4 - COPYRIGHT

All copyrights of the SOFTWARE shall remain with MITSUBISHI ELECTRIC. However, some components of the SOFTWARE may contain works of third parties, for which MITSUBISHI ELECTRIC shall hold the lawful title to license their use and exploitation to CUSTOMER.

Article 5 - THIRD-PARTY SOFTWARE

The SOFTWARE may contain open-source software or other third-party software as described within the SOFTWARE and/or the SOFTWARE’s manual (“MANUAL”). In this case, the license terms specified in the respective third-party software will apply to the relationship with the third-party software. CUSTOMER shall refer to the MANUAL for the third-party software’s license terms.

Article 6 - RESTRICTIONS

1. 1.CUSTOMER shall not modify, adapt, reverse engineer, decompile or disassemble the SOFTWARE.
2. 2.CUSTOMER shall not assign, lease, or rent the SOFTWARE.
3. 3.CUSTOMER is allowed to use the SOFTWARE as a single product. CUSTOMER shall not separate the component parts from the SOFTWARE and use them on multiple computers (OSs) or GOTs.
4. 4.Except for the copy referred to in Article1, CUSTOMER shall not duplicate the entire or a part of the SOFTWARE.

Article 7 - TERM OF THE AGREEMENT

This AGREEMENT shall be effective from the date of start of using the SOFTWARE upon acceptance of this AGREEMENT by CUSTOMER (“EFFECTIVE DATE”). CUSTOMER may continue to use the SOFTWARE from the EFFECTIVE DATE. However, MITSUBISHI ELECTRIC may terminate this AGREEMENT immediately without prior notice if CUSTOMER fails to comply with any of the terms and conditions of this AGREEMENT. The provisions of Articles 2, 9, 10, 13 and 15 shall survive any termination of this AGREEMENT for any reason.

Article 8 - TERMINATION

If MITSUBISHI ELECTRIC cease to carry on the business related to the SOFTWARE, MITSUBISHI ELECTRIC may terminate this AGREEMENT without a letter of demand or any other procedure to the CUSTOMER.

Article 9 - MEASURES AT TERMINATION

On termination of this AGREEMENT for any reason, CUSTOMER shall promptly cease all use of the SOFTWARE, including its copies and related documents, immediately uninstall the SOFTWARE from the computer (OS) or disable the add-on function on the GOT, and delete the license information. CUSTOMER shall also, within one (1) month after the termination of this AGREEMENT promptly destroy the original and copies of the SOFTWARE, along with any related documents, at their own costs.

Article 10 - EXPORT CONTROL

1. 1.When exporting the SOFTWARE or supplying technology to a non-resident, CUSTOMER shall comply with all the export control laws, regulations and court orders of the country concerned, and shall take necessary procedures such as obtaining export licenses from the country concerned.
2. 2.CUSTOMER shall not use the SOFTWARE supplied from MITSUBISHI ELECTRIC in relation to the development, production, use or storage of nuclear weapons, chemical, or biological weapons, their means of delivery (e.g., missiles, rockets, or unmanned air vehicles), and related components, materials, equipment, and technology, etc. (hereinafter collectively referred to as Weapons of Mass Destruction, “WMD”). Additionally, CUSTOMER shall not sell or transfer the SOFTWARE to any third party if it is known or suspected that it will be used for such purposes.
3. 3.With respect to the SOFTWARE, CUSTOMER shall not engage in any transactions involving countries to which weapons exports are banned by U.N. resolutions, or that could potentially involve such countries.
4. 4.CUSTOMER shall provide necessary information to MITSUBISHI ELECTRIC in writing when requested.

Article 11 - REPLACEMENT

In the event that the recording medium of the SOFTWARE is already physically damaged at the time of receipt from MITSUBISHI ELECTRIC’s sales office or distributor, or becomes unusable due to CUSTOMER's negligence, MITSUBISHI ELECTRIC may replace the recording medium with an equivalent one after consultation with CUSTOMER, only if CUSTOMER notifies MITSUBISHI ELECTRIC of the damage in writing within three (3) years after receiving the SOFTWARE. In such a case, the recording medium may be replaced free of charge if it is damaged at the time of provision, or for a fee if the recording medium is inadvertently damaged by CUSTOMER.

Article 12 - WARRANTY

MITSUBISHI ELECTRIC warrants that the SOFTWARE does not infringe any intellectual property rights or any other rights of third parties and that it is legitimate. In the event of claims, objections, demands for damages, etc., arising from infringement by a third party, MITSUBISHI ELECTRIC will handle these at its own responsibility and costs.

Article 13 - INDEMNIFICATION

CUSTOMER shall indemnify MITSUBISHI ELECTRIC or any third party for any damages caused by CUSTOMER in connection with this AGREEMENT.

Article 14 - CHANGE OF AGREEMENT

MITSUBISHI ELECTRIC may amend this AGREEMENT, in whole or in part, at any time without permission from or notice to CUSTOMER. If CUSTOMER uses the SOFTWARE after any amendment to this AGREEMENT, it shall be deemed that CUSTOMER has agreed to the amended AGREEMENT.

Article 15 - GOVERNING LAW AND DISPUTE RESOLUTION

The validity, construction, and performance of this AGREEMENT shall be governed in all respects by the laws of Japan. In the event any litigation concerning this AGREEMENT is arises, the Tokyo District Court shall be the court of exclusive jurisdiction or the first instance.