End User Software License Agreement

APPLICABLE TO CUSTOMERS LOCATED IN THE USA:

Fujitsu America, Inc.
End User Software License Agreement

 

Please read this license agreement ("License Agreement") and the other license agreements, if any, accompanying your Fujitsu computer system before using any of the software provided with and as part of the Fujitsu computer system. This License Agreement is between you and the Fujitsu entity which has sold a Fujitsu computer system to you (either directly or through its resale partners).

 

By using the software, you are agreeing to be bound by the terms of the applicable license agreement. There may be software products included as part of this Fujitsu computer system which are governed by separate agreements contained within this Fujitsu computer system. Any software contained as part of the Fujitsu computer system that is not governed by a separate applicable agreement is governed by this License Agreement ("Fujitsu Software"). If you do not agree to these terms, or the terms of any other agreements contained in the Fujitsu computer system, promptly return the Fujitsu computer system and all enclosed material (including software) to the place where you purchased it for a full refund.

 

License. The Fujitsu Software is licensed to you, the purchaser, by Fujitsu. The Fujitsu Software and copyright to the printed information contained in this package is and shall remain the intellectual property of Fujitsu and/or its suppliers. This license (“License”) grants to you a non-exclusive right to use the Fujitsu Software on a single computer system. You may make one copy of the Fujitsu Software for backup or archival purposes.

 

Restrictions of Use. The Fujitsu Software contains copyrighted material, and in its human readable form it contains trade secrets and proprietary information owned by or licensed to Fujitsu. You may not de-compile, disassemble or otherwise reduce it to human readable form. You may not modify, rent, lease, loan or distribute copies of the Fujitsu Software. You may not create derivative software based upon any trade secret or proprietary information of Fujitsu or its suppliers. You further acknowledge that this License is not a sale of Fujitsu intellectual property contained on the Fujitsu computer system and that Fujitsu and its suppliers continue to own title to the Fujitsu Software and copyright to the printed information.

 

Termination. This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if you fail to comply with any provision of this License Agreement. Upon termination, you must stop using the Fujitsu Software, erase or destroy all copies of the Fujitsu Software, and destroy all printed information provided with the Fujitsu Software.

 

Limited Warranty. See the Limited Warranty information provided in your Fujitsu computer system package.

 

Limitation of Liability.IN NO EVENT WILL FUJITSU OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF YOUR USE OR INABILITY TO USE THE FUJITSU SOFTWARE OR PRINTED INFORMATION CONTAINED HEREIN, WHETHER OR NOT FUJITSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FUJITSU OR ITS SUPPLIERS OR LICENSORS ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE FUJITSU COMPUTER SYSTEM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Export Law Assurances: You agree that the Fujitsu Software and other technical information, both printed and verbal, received from Fujitsu will not be exported outside of the United States except as permitted by the laws and regulations of Japan, the United States, and potentially other nations (collectively "Applicable Export Laws". You agree not to re-export the Fujitsu Software and information except as permitted by the Applicable Export Laws and by the laws and regulations of the jurisdiction in which you obtained the Fujitsu Software.

 

US Government Use. Use, duplication or disclosure of the Fujitsu Software by the U.S. Government is subject to "Restricted Rights", as that term is defined in the Department of Defense ("DOD") Supplement to the Federal Acquisition Regulations ("DFARS") in paragraph 252.227-7013(c)(1)(ii) if to the DOD, or, if the Fujitsu Software is supplied to any unit or agency of the U.S. Government other than DOD, the Government's rights in Fujitsu Software shall be as defined in subparagraphs (c)(1) or (c)(2) of FAR 52.227-19, Commercial Computer software - Restricted Rights; or FAR 52.227-14, Rights in General Data Alternative III, as applicable. Contractor: Fujitsu America, Inc., 1250 East Arques Avenue, Sunnyvale, California.

 

Consent to Use of Data. You agree that Fujitsu and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the software provided by Fujitsu. Fujitsu may use this information solely to improve our products or to provide customized services or technologies to you. Fujitsu may disclose this information to others, but not in a form that personally identifies you, except to our agents to support this agreement.

 

Internet-Based Services Components. The software provided by Fujitsu contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Fujitsu may automatically check the version of the software and/or its components that you are utilizing and may provide upgrades or fixes to the software that will be automatically downloaded to your computer.

 

Third Party Beneficiary. For all purposes of this License Agreement, each Fujitsu third party licensor of any of the Fujitsu Software shall be expressly deemed an intended third party beneficiary of this License Agreement and shall have the right to enforce the terms and conditions of this License Agreement.

 

Entire Agreement; Governing Law. This License Agreement constitutes the entire agreement between you and Fujitsu and supersedes any other prior or contemporaneous agreements or communications regarding the Fujitsu Software. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in effect. The laws of Japan shall govern this Agreement. Each party agrees to submit to the personal and exclusive jurisdiction of the courts located in the home location of the Fujitsu entity which has sold the Fujitsu computer system to you.



APPLICABLE TO CUSTOMERS LOCATED IN THE CANADA
(EXCLUDING THE PROVINCE OF QUEBEC):


Fujitsu Consulting (Canada) Inc./Fujitsu Canada, Inc. ("Fujitsu")
End User Software License Agreement

 

Please read this license agreement ("License Agreement") and the other license agreements, if any, accompanying your Fujitsu computer system before using any of the software provided with and as part of the Fujitsu computer system.

 

By using the software, you are agreeing to be bound by the terms of the applicable license agreement. There may be software products included as part of this Fujitsu computer system which are governed by separate agreements contained within this Fujitsu computer system. Any software contained as part of the Fujitsu computer system that is not governed by a separate applicable agreement is governed by this License Agreement ("Fujitsu Software"). If you do not agree to these terms, or the terms of any other agreements contained in the Fujitsu computer system, promptly return the Fujitsu computer system and all enclosed material (including software) to the place where you purchased it for a full refund.

 

License. The Fujitsu Software is licensed to you, the purchaser, by Fujitsu. The Fujitsu Software and copyright to the printed information contained in this package is and shall remain the intellectual property of Fujitsu and/or its suppliers. This License Agreement grants to you a non-exclusive right to use the Fujitsu Software on a single computer system. You may make one copy of the Fujitsu Software for backup or archival purposes.

 

Restrictions of Use. The Fujitsu Software contains copyrighted material, and in its human readable form it contains trade secrets and proprietary information owned by or licensed to Fujitsu. You may not de-compile, disassemble or otherwise reduce it to human readable form. You may not modify, rent, lease, loan or distribute copies of the Fujitsu Software. You may not create derivative software based upon any trade secret or proprietary information of Fujitsu or its suppliers. You further acknowledge that this License Agreement is not a sale of Fujitsu intellectual property contained on the Fujitsu computer system and that Fujitsu and its suppliers continue to own title to the Fujitsu Software and copyright to the printed information.

 

Termination. This License Agreement shall remain in full force and effect unless and until terminated. This License Agreement will terminate immediately, automatically and without notice if you fail to comply with any provision of this License Agreement. Upon termination, you must stop using the Fujitsu Software, erase or destroy all copies of the Fujitsu Software, and destroy all printed information provided with the Fujitsu Software.

 

Limited Warranty. See the Limited Warranty information provided in your Fujitsu computer system package.

 

Limitation of Liability. IN NO EVENT SHALL FUJITSU OR ITS SUPPLIER BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ANY LOST REVENUES, PROFITS OR BUSINESS (OTHER THAN AMOUNTS DUE AND PAYABLE TO FUJITSU UNDER THIS LICENSE AGREEMENT OR ANY ATTACHMENT), FAILURE TO REALIZE EXPECTED COST SAVINGS, OR FOR ANY LOSS OF RECORDS OR DATA, WHETHER IN AN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF FUJITSU HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORSEEN BY FUJITSU AND WILL SURVIVE A FUNDAMENTAL BREACH AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. THE LIMITATION OF DAMAGES AND REMEDIES AS PROVIDED IN THIS SECTION CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDIES AND MEASURE OF DAMAGES AND INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FUJITSU OR ITS SUPPLIERS OR LICENSORS ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE FUJITSU COMPUTER SYSTEM.

 

Export Law Assurances: You acknowledge that Fujitsu Software provided hereunder may be subject to export control laws and regulations of Canada, the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations. You agree that the Fujitsu Software and other technical information, both printed and verbal, received from Fujitsu will not be exported outside of Canada except as permitted by the laws and regulations of Canada. If you rightfully obtain the Fujitsu Software and Fujitsu technical information outside of Canada, you agree not to re-export the Fujitsu Software and information except as permitted by the laws and regulations of Canada and the jurisdiction in which you obtained the Fujitsu Software.

 

Consent to Use of Data. You agree that Fujitsu and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the software provided by Fujitsu. Fujitsu may use this information solely to improve our products or to provide customized services or technologies to you. Fujitsu may disclose this information to others, but not in a form that personally identifies you, except to our agents to support this agreement.

 

Internet-Based Services Components. The software provided by Fujitsu contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Fujitsu may automatically check the version of the software and/or its components that you are utilizing and may provide upgrades or fixes to the software that will be automatically downloaded to your computer.

 

Third Party Beneficiary. For all purposes of this License Agreement, each Fujitsu third party licensor of any of the Fujitsu Software shall be expressly deemed an intended third party beneficiary of this License Agreement and shall have the right to enforce the terms and conditions of this License Agreement.

 

Entire Agreement; Governing Law. This License Agreement constitutes the entire agreement between you and Fujitsu and supersedes any other prior or contemporaneous agreements or communications regarding the Fujitsu Software. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in effect. This License Agreement is to be construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Each party agrees to submit to the personal and exclusive jurisdiction of the courts located in in the Toronto Region judicial region of the Province of Ontario, Canada.



APPLICABLE TO CUSTOMERS LOCATED IN THE CANADA
(THE PROVINCE OF QUEBEC ONLY):


Fujitsu Consulting (Canada) Inc./Fujitsu Canada, Inc. ("Fujitsu")
End User Software License Agreement

 

Please read this license agreement ("License Agreement") and the other license agreements, if any, accompanying your Fujitsu computer system before using any of the software provided with and as part of the Fujitsu computer system.

 

By using the software, you are agreeing to be bound by the terms of the applicable license agreement. There may be software products included as part of this Fujitsu computer system which are governed by separate agreements contained within this Fujitsu computer system. Any software contained as part of the Fujitsu computer system that is not governed by a separate applicable agreement is governed by this License Agreement ("Fujitsu Software"). If you do not agree to these terms, or the terms of any other agreements contained in the Fujitsu computer system, promptly return the Fujitsu computer system and all enclosed material (including software) to the place where you purchased it for a full refund.

 

License. The Fujitsu Software is licensed to you, the purchaser, by Fujitsu. The Fujitsu Software and copyright to the printed information contained in this package is and shall remain the intellectual property of Fujitsu and/or its suppliers. This License Agreement grants to you a non-exclusive right to use the Fujitsu Software on a single computer system. You may make one copy of the Fujitsu Software for backup or archival purposes.

 

Restrictions of Use. The Fujitsu Software contains copyrighted material, and in its human readable form it contains trade secrets and proprietary information owned by or licensed to Fujitsu. You may not de-compile, disassemble or otherwise reduce it to human readable form. You may not modify, rent, lease, loan or distribute copies of the Fujitsu Software. You may not create derivative software based upon any trade secret or proprietary information of Fujitsu or its suppliers. You further acknowledge that this License Agreement is not a sale of Fujitsu intellectual property contained on the Fujitsu computer system and that Fujitsu and its suppliers continue to own title to the Fujitsu Software and copyright to the printed information.

 

Termination. This License Agreement shall remain in full force and effect unless and until terminated. This License Agreement will terminate immediately, automatically and without notice if you fail to comply with any provision of this License Agreement. Upon termination, you must stop using the Fujitsu Software, erase or destroy all copies of the Fujitsu Software, and destroy all printed information provided with the Fujitsu Software.

 

Limited Warranty. See the Limited Warranty information provided in your Fujitsu computer system package.

 

Limitation of Liability. IN NO EVENT SHALL FUJITSU OR ITS SUPPLIER BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ANY LOST REVENUES, PROFITS OR BUSINESS (OTHER THAN AMOUNTS DUE AND PAYABLE TO FUJITSU UNDER THIS LICENSE AGREEMENT OR ANY ATTACHMENT), FAILURE TO REALIZE EXPECTED COST SAVINGS, OR FOR ANY LOSS OF RECORDS OR DATA, WHETHER IN AN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF FUJITSU HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORSEEN BY FUJITSU AND WILL SURVIVE A FUNDAMENTAL BREACH AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. THE LIMITATION OF DAMAGES AND REMEDIES AS PROVIDED IN THIS SECTION CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDIES AND MEASURE OF DAMAGES AND INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FUJITSU OR ITS SUPPLIERS OR LICENSORS ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE FUJITSU COMPUTER SYSTEM.

 

Export Law Assurances: You acknowledge that Fujitsu Software provided hereunder may be subject to export control laws and regulations of Canada, the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations. You agree that the Fujitsu Software and other technical information, both printed and verbal, received from Fujitsu will not be exported outside of Canada except as permitted by the laws and regulations of Canada. If you rightfully obtain the Fujitsu Software and Fujitsu technical information outside of Canada, you agree not to re-export the Fujitsu Software and information except as permitted by the laws and regulations of Canada and the jurisdiction in which you obtained the Fujitsu Software.

 

Consent to Use of Data. You agree that Fujitsu and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the software provided by Fujitsu. Fujitsu may use this information solely to improve our products or to provide customized services or technologies to you. Fujitsu may disclose this information to others, but not in a form that personally identifies you, except to our agents to support this agreement.

 

Internet-Based Services Components. The software provided by Fujitsu contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Fujitsu may automatically check the version of the software and/or its components that you are utilizing and may provide upgrades or fixes to the software that will be automatically downloaded to your computer.

 

Third Party Beneficiary. For all purposes of this License Agreement, each Fujitsu third party licensor of any of the Fujitsu Software shall be expressly deemed an intended third party beneficiary of this License Agreement and shall have the right to enforce the terms and conditions of this License Agreement.

Language Les parties reconnaissent avoir exigé que la présente convention ainsi que tous les documents s'y rapportant soient rédigés en langue anglaise. The parties hereby declare having requested that this contract and all document ancillaries thereto be drafted in the English language.

 

Entire Agreement; Governing Law. This License Agreement constitutes the entire agreement between you and Fujitsu and supersedes any other prior or contemporaneous agreements or communications regarding the Fujitsu Software. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in effect. This License Agreement is to be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. Each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Montreal region judicial region of the province of Quebec, Canada.