========== IMPORTANT ========== Product Name: ORiN2 SDK NOTICE TO USER: Please read the following License Agreement carefully. The License Agreement is a contract. This software product of "ORiN2 SDK", including any document related thereto, is protected by copyright laws and international treaties. You must agree to all of the terms and conditions of the License Agreement before installing or using any part or all of this software. By installing or using any part or all of this software, it is construed that you agree to be bound by all of the terms and conditions of the License Agreement. If you do not agree to any of the terms and conditions of the License Agreement, do not install or use any part or all of this software. In this case, please destroy or discard this software product without delay. [License Agreement for ORiN2 SDK] This software product of ORiN2 SDK, including any document related thereto, packed in this package (the "Software") is the copyrighted work of DENSO WAVE INCORPORATED ("DENSO") and its licensor. Under this Agreement, the Software is licensed to you by DENSO subject to the terms and conditions below. If you use the Software as a natural person, "you" herein means such natural person, and if you use the Software as an officer, employee, agent or other member (including a partner of a partnership) of any legal entity, "you" herein means such legal entity. This Agreement shall take effect as from the day when you install any part or all of the Software. 1. License DENSO grants you a non-exclusive license to install the Software into one computer in your possession or under your control ("Computer"), and to use the Software for the sole purpose to develop the ORiN software ("Purpose"). 2. Restrictions (i) You shall not install nor use the Software for any purpose other than the Purpose. (ii) You shall not use the Software with any computer other than the Computer via a computer network or by any other method. (iii) You shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Software or this Agreement to any third party; provided, however, that you may assign all of the Software and this Agreement, not part thereof, to your assignee perpetually subject to prior agreement of such assignee to comply with all of the terms and conditions of this Agreement. (iv) You shall not copy, reverse engineer, decompile, disassemble, merge, modify or translate the Software; provided however, that you may make one copy of the Software for the sole purpose to make a backup of the Software ("Backup"). (v) You shall not remove nor obscure DENSO's copyrights, trademarks or other proprietary notices or legends from any of the materials of the Software. 3. Violation of this Agreement All your rights granted hereunder shall automatically terminate and you shall completely erase the Software from the Computer, destroy a medium recording the Software in this package ("Medium") and the Backup, and destroy, if any, all media recording the Software by violating the obligation in Article 2 above if you fail to comply with any terms and conditions of this Agreement. The termination of this Agreement shall not prejudice any rights and remedies that DENSO may have against you. 4. Warranty DENSO warrants that the Medium has no physical or material defect at the time of your purchase. In case the Medium has a physical or material defect (except for the case such defect is caused by, by way of example only, an accident after your purchase of the Software, misuse or abuse of the Software, maintenance of the Software not performed by DENSO or any other reason which is beyond reasonable control of DENSO), DENSO or DENSO's distributor of the Software ("Distributor") replaces such defective Software with a defect-free Software if you claim it to DENSO or such Distributor within ninety (90) days after your purchase of such defective Software together with the receipt therefore or other documents which proves the date of your purchase of the Software (collectively "Evidence"). In this case, you shall return all of the Software packed in this package to DENSO or the Distributor with the Evidence. If DENSO or the Distributor is not in a position to do so, you are to be refunded all the payment that you actually paid to Distributor for the Software, and this Agreement shall automatically terminate. In this case, you shall completely erase the Software from the Computer and destroy the Backup. 5. Disclaimer of Warranty; Limitation of Liability EXCEPT FOR THE WARRANTY PROVIDED IN ARTICLE 4 ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY KIND OF WARRANTY OF ANY PURPOSE. THE GRANT OF RIGHTS HEREUNDER BY DENSO SHALL NOT IMPLY ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS HELD BY A THIRD PARTY. DENSO MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DENSO ASSUMES NO RESPONSIBILITY FOR THE APPLICATION OF ERRORS OR OMISSION IN THE SOFTWARE. EXCEPT FOR THE WARRANTY PROVIDED IN ARTICLE 4 ABOVE, IN NO EVENT SHALL DENSO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RESULTING FROM ANY PART OF THE SOFTWARE, THE INSTALLATION OR COPY OF THE SOFTWARE, THE USE OF THE SOFTWARE, OR INABILITY TO USE THE SOFTWARE. FURTHERMORE, DENSO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS ARISING OUT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE, LOSS OF DATA OR EQUIPMENT, COST OF RECOVERING THE SOFTWARE, DATA OR EQUIPMENT, THE COSTS OF SUBSTITUTE OF THE SOFTWARE, MEDIA, DATA OR EQUIPMENT OR OTHER SIMILAR COSTS, AND SHALL BE FULLY INDEMNIFIED FROM ANY CLAIM ASSERTED BY YOU OR ANY THIRD PARTY. 6. Governing Law This Agreement shall be governed as to all matters including validity, construction and performance, by and under the laws of Japan, without reference to its conflicts of law principles. 7. Arbitration Any disputes arising out of this Agreement shall be finally settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The award of arbitration shall be final and binding upon the parties. Arbitration shall be held in Tokyo, Japan. ----- DENSO WAVE INCORPORATED All rights reserved. Address: 1, Yoshiike, Kusagi, Agui-cho, Chita-gun, Aichi 470-2297 Japan URL: http://www.denso-wave.com/