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SOFTWARE, YOU SHOULD SETTLE ALL SUCH PROBLEMS AT YOUR OWN COST AND
RESPONSIBILITY.
6. Limitation of Liability
JVC WILL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR
PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU WILL INDEMNIFY AND HOLD HARMLESS JVC FROM ANY LOSS,
LIABILITY OR COSTS ARISING OUT OF OR IN ANY WAY CONNECTED TO CLAIMS FROM
ANY OTHER PERSONS RELATING TO THE USE OF THE SOFTWARE.
7. Term
This Agreement will become effective on the date when You download and/or install the
Software onto Your machine, and continue to be in effect until termination under the reasons
as below:
Should You breach any provision of this Agreement, JVC may terminate this Agreement without
giving any notice to You. In this event, JVC may claim against You any damages caused by
Your breach. Should this Agreement be terminated, You should immediately destroy the
Software stored in Your machine (including erasure from any memory in Your PC), and then
will not possess such Software.
8. Export Control
You agree that You will not ship, transfer or export the Software or underlying information and
technology to any countries to which Japan and other relevant countries have embargoed
goods.
9. Restricted Rights Legend
The Software including related documentation has been developed at private expense of
Sharp Corporation, and is commercially available.
If the Software is acquired by You under a United States Department of Defense contract, the
use, duplication or disclosure by the Government is subject to the restrictions as set forth in
subparagraph (c)(i)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013. Contractor: Victor Company of Japan, Limited, 12, 3-chome, Moriya-cho,
Kanagawa-ku, Yokohama, Kanagawa 221-8528 Japan.
If the Software is acquired by You as any other agency of the U.S. Government, the use,
duplication, or disclosure by the Government is subject to the restriction as set forth in
subparagraph (g)(3) of FAR 52.227-14 or FAR 52.227-19, as applicable.
10.General
(1) No modification, change, addition, deletion or other alteration of or to the Agreement will
be valid unless confirmed in writing and signed by an authorized representative of JVC.
(2) Even if any part of the Agreement is held invalid by or in conflict with any law having
jurisdiction over this Agreement, the remaining provisions will remain in full force and
effect.
(3) The Agreement shall be governed by and interpreted under the laws of Japan. The Tokyo
District Court has jurisdiction over all disputes which may arise with respect to the
execution, interpretation and performance of this Agreement.
XP7210/3210-2-20 02.8.6, 10:05 PM10