Eugrid Secure Client Request for Demoware

END-USER SOFTWARE LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.

1: Definitions

When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

"Licensor" means Eugrid K.K., with its main address located at 204 Royal Palace 15-10 Uguisudani-cho Shibuya-ku Tokyo Japan.

"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Eugrid K.K. or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Eugrid K.K. (collectively, "Updates").

"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

"Licensee" means You or Your Company, unless otherwise indicated.

"Permitted Number" means number of permitted client licenses indicated under a valid license (e.g. volume license) granted by Eugrid K.K.

"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

2: SOFTWARE LICENSE

As long as you comply with the terms of this EULA (the "Agreement"), Eugrid K.K. grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.

1 General Use

You may install and Use a copy of the Software on your computer, up to the Permitted Number of computers.

2 Copying

You may place one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number. No other network use is permitted, including but not limited to, placing copies on server computer which is for internet or web hosting services, allowing unlicensed users to access the copy of the Software.

3: INTELLECTUAL PROPERTY RIGHTS

The Software and any copies that you are authorized by Eugrid K.K. to Use are the intellectual property of and are owned by Eugrid K.K. and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Eugrid K.K. and its suppliers. The Software is protected by copyright, including without limitation by Japan Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.

4. TRANSFER

You may not, rent, lease, sublicense or authorize all or any portion of the Software without permission from Eugrid K.K.

5. UPDATES

If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update.

6. NO WARRANTY

The Software is being delivered to you "AS IS" and Eugrid K.K. makes no warranty as to its use or performance. Eugrid K.K. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, Eugrid K.K. AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

7. PRE-RELEASE PRODUCT ADDITIONAL TERMS

If the product you have received with this license is pre-commercial release, or DEBUG / beta versioned Software ("Pre-Release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and conditions(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Eugrid K.K., and may contain bugs, errors and other problems that could cause system or other failures and data loss. Software may also output DEBUG information to log files, containing security sensitive information such as user passwords. Consequently, the Pre-release Software is provided to you "AS-IS", and Eugrid K.K. disclaims any warranty or liability obligations to you of any kind.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL Eugrid K.K. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN Eugrid K.K. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Eugrid K.K.'s AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.

9. COMPLIANCE WITH LICENSES

If you have any questions regarding this Agreement or if you wish to request any information from Eugrid K.K. please use the address and contact information included with this product to contact the Eugrid K.K. office.

Eugrid K.K. and Eugrid Secure Client are either registered trademarks or trademarks of Eugrid K.K.

10. JURISDICTION

All disputes arising under, out of, in connection with, or in relation to this agreement shall be submitted in the first instance to the exclusive jurisdiction of the Tokyo District Court.