Fujitsu AIRSTAGE UTY-ASGX Manual page 4

5. EXPORT RESTRICTIONS
You acknowledge that the SOFTWARE PRODUCT is of Japan origin. You agree that neither you nor your customers
intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT to any country to which such export
or transmission is restricted by any applicable regulation or statute, without the prior written consent, if required, of the
authorized governmental entity as may have jurisdiction over such export or transmission.
6. NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FGL EXPRESSLY DISCLAIMS ANY WARRANTY
FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT RE-
MAINS WITH YOU.
7. LIMITATION OF LIABILITY AND CUSTOMER REMEDIES
FGL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS LICENSE AGREEMENT SHALL BE, AT
FGL'S OPTION, REPLACEMENT OF THE SOFTWARE WHICH IS RETURNED TO FGL. THIS LICENSE AGREEMENT
SHALL ALSO APPLY TO THE REPLACEMENT SOFTWARE SUPPLIED UNDER THIS SECTION 7.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FGL BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) DIRECT
OR INDIRECT, TO YOU OR TO ANY THIRD PARTY, ARISING OUT OF THE USE OR INABILITY TO USE THIS
PRODUCT, EVEN IF FGL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. ENTIRE AGREEMENT
This LICENSE AGREEMENT (including any addendum or amendment to this LICENSE AGREEMENT included with
the SOFTWARE PRODUCT) is the entire agreement between you and FGL relating to the SOFTWARE PRODUCT and
supersedes all prior contemporaneous oral or written communications, proposals and representations with respect to
the SOFTWARE PRODUCT or any other subject covered by this LICENSE AGREEMENT.
11. INDEMNITY
You agree to indemnify and hold FGL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any damage, claim or demand, including without limitation reasonable attorneys' fees, made
by any third party due to or arising out of your violation of the terms and conditions of this LICENSE AGREEMENT, or
your violation of any rights of another person or entity.
11. GOVERNING LAW AND JURISDICTION
To the maximum extent permitted by applicable law, this LICENSE AGREEMENT is governed by the laws of JAPAN. To
the maximum extent permitted by applicable law, you and FGL hereby irrevocably submit to the exclusive jurisdiction of
the Tokyo District Court and other higher courts having jurisdiction in Japan for the settlement of disputes arising under
or in connection with this LICENSE AGREEMENT.
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