Operation Manual

<1. Introduction>
1-4
IM 01C25R51-01E
1.2.2 Restriction
Licenseeshallnot:(a)removeanymarksornoticesoftheLicensedSoftwareidentication,
intellectual property rights like trademark and copyright notice, or other notices or restrictions
from the Licensed Software; (b) transfer, sell, assign, sublicense or otherwise convey the
Licensed Software to any third party without Licensor’s prior written consent; nor (c) cause,
permit or attempt the reverse engineering, disassembly, decompilation, translation or adaptation
of the Licensed Software. Any transfer of the Licensed Software is subject to Licensor’s transfer
policies and fees.
1.2.3 Copyright / Ownership
The Licensed Software, including but not limited to any technology, algorithm, know-how,
process and others contained therein, is the proprietary property and trade secret of Licensor or
a third party who grants to Licensor the right of sub-licensing and is protected by copyright and
other intellectual property laws and treaties. Licensee acquires only right to use the Licensed
Software and does not acquire any rights, expressed or implied, in the Licensed Software or
m
ediacontainingtheLicensedSoftwareotherthanthosespeciedinthisAgreement.Licensor
shall at all times retain all rights, titles, and interests, including intellectual property rights, in the
Licensed Software and such media.
The Licensee shall not disclose or divulge the aforesaid proprietary property and trade secret to
any other individual or entity than the Licensee's personnel who reasonably need to know such
proprietary property and trade secret. Such Licensee’s personnel shall be bound by the same
secrecy obligations set forth herein.
1.2.4 No Warranty / Limitation of Liability
(1) THELICENSEDSOFTWARESHALLBEPROVIDEDTOLICENSEEONAN"ASIS"
BASIS.UNLESSOTHERWISEEXPRESSLYPROVIDEDBYLICENSOR,LICENSOR
ANDTHESUPPLIERSWHOPROVIDEORLICENSEPARTOFTHELICENSED
SOFTWARETOLICENSOR("SUPPLIERS")HEREBYEXPRESSLYDISCLAIMANYAND
ALLIMPLIEDWARRANTIESOFANYKINDWHATSOEVER,INCLUDINGWITHOUT
LIMITATION WARRANTY OF UNINTERRUPTED OR ERROR- FREE OPERATION,
SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND SHALL NOT BE LIABLE TO LICENSEE FOR
ANY DAMAGE OR LOSS CAUSED BY USE OR INABILITY TO USE OF THE LICENSED
SOFTWARE. LICENSOR AND SUPPLIERS DISCLAIM ANY AND ALL LIABILITY AND
W
ILLHAVENOLIABILITYFORVIOLATION,MISAPPROPRIATIONORINFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
(
2) INNOEVENTSHALLLICENSORANDSUPPLIERSBELIABLE,WHETHERIN
CONTRACT, TORT OR OTHERWISE AND WHETHER OR NOT LICENSOR AND
S
UPPLIERSHAVEBEENADVISEDOFTHEPOSSIBILITYOFSUCHLOSSOR
DAMAGE, FOR ANY LOSS OR DAMAGE INCLUDING CONSEQUENTIAL, INCIDENTAL,
I
NDIRECTOREXEMPLARYDAMAGES,LOSSOFPROFITS,LOSSOFREVENUE,
LOSSOFBUSINESSORGOODWILL,LOSSOFDATAORLOSSOFAVAILABILITY.
I
NNOEVENTSHALLLICENSORANDSUPPLIERS’AGGREGATELIABILITYEXCEED
THE AMORTIZED BALANCE OF THE AMOUNT PAID BY LICENSEE FOR USE OF THE
CONCERNED PART OF THE LICENSED SOFTWARE.
(
3) THIS PARAGRAPH 1.2.4 STATES THE ENTIRE WARRANTY AND LIABILITY OF
LICENSOR AND SUPPLIERS IN CONNECTION WITH THE LICENSED SOFTWARE.
THIS PARAGRAPH 1.2.4 ALLOCATES RISKS UNDER THIS AGREEMENT BETWEEN
LICENSEE AND LICENSOR/SUPPLIERS AND COMPRISES FUNDAMENTAL
ELEMENTS OF THIS LICENSE. LICENSOR’S PRICING OF THE LICENSED SOFTWARE
REFLECTS THIS ALLOCATION OF RISKS AND LIMITATION OF LIABILITY.