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By installing this software product and accompanying materials (collectively, the “Software”), you agree to the terms and conditions of the Software Evaluation License Agreement below, and thereby conclude the said Agreement with ACCESS CO., LTD. (“ACCESS”)
If you do not agree with all the provisions of the Agreement, you will not be able to use the Software.



NetFront™ Browser v4.1 for Windows Mobile Concept Version
Software Evaluation License Agreement

1. Rights to the Software
The Software is confidential copyrighted information, and the title, interest, intellectual property rights and all other rights pertaining to the Software belong to ACCESS and its licensors.

2. Evaluation License
Under the terms and conditions set forth in this Agreement, ACCESS grants you a non-exclusive, non-transferable, limited license, free of charge, to use the Software in the following manner, in order to evaluate the functions of the Software:
During the period set forth in paragraph 6, you may use the Software only on a single Windows Mobile device.

3. Prohibitions
You may not engage in any of the following acts without written approval from ACCESS:
Selling, sub-licensing, lending, or otherwise distributing the Software to a third party;
Except for installing the Software onto a single Windows Mobile device, copying the Software;
Amending, adapting, modifying, reverse engineering, decompiling or disassembling the Software, or creating derivative works of the Software; or Incorporating the Software or its derivative works into a hardware product, and selling, lending or offering it to third parties.

4. Disclaimer of Warranties
The Software is provided to you “as is” with all faults, without warranty of any kind as to freedom from defects, merchantability, usability, fitness for a particular purpose or other. Evaluation of the Software should be performed at your own risk and based on your own judgments and responsibility.

5. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ACCESS OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO USE OR FAILURE TO USE OF THE SOFTWARE UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, HOWEVER CAUSED AND ON WHATEVER THEORY, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), THE FAILURE OR ASSERTED FAILURE OF ACCESS TO PERFORM ITS OBLIGATIONS HEREUNDER OR OTHERWISE, AND WHETHER OR NOT ACCESS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

6. Expiry of User License
You may use the Software from the date on which you install the Software to March 31, 2012. Once this period has elapsed, you must completely delete the Software and, in the case where it has been stored in removable media, dispose of or erase it after rendering it unusable. Furthermore, the evaluation license granted to you hereunder will terminate in cases where you violate this Agreement or where ACCESS notifies you of the termination at its sole discretion, and also in that case, you shall carry out the deletion and disposal processes mentioned above.

7. Export Restrictions
The Software, including technical data, is subject to Japanese and U.S. export control laws, including the Japanese Foreign Exchange and Foreign Trade Law and the U.S. Export Administration Act and their associated regulations, and may be subject to export or import regulations in other countries. You agree to comply with all such regulations and acknowledge that it has the responsibility to obtain licenses to export, re-export, or import the Software. The Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria, Afghanistan or any country to which Japan or the U.S has embargoed; or (ii) to anyone on the Japanese End User List or the U.S. Treasury Department’s list of specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.

8. U.S. Government Restricted Rights (In case of the JV-Lite2 being contained in the Software)
If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government’s rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

9. Law and Jurisdiction
This Agreement shall be governed by, and construed in accordance with, the laws of Japan, without regard to choice of law rules thereof. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the Tokyo District Court, Tokyo, Japan.

 

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