END-USER LICENSE AGREEMENT FOR RACK2-FILER (TRIAL VERSION) This End-User License Agreement ("EULA") is a legal agreement between the original end user of this software and PFU LIMITED ("PFU") for the trial version of the PFU software known as the Rack2-Filer, including the associated media("Software"). BY INSTALLING OR USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE; YOU SHALL DESTROY THE SOFTWARE. 1. Installation and Use You may install this software on multiple computers. However, it cannot be redistributed to a third party. 2. Restrictions (1) You shall not modify or, except to the extent expressly permitted by applicable law, reverse engineer, including, without limitation, decompile or disassemble, the Software. (2) You shall not copy or distribute (including network distribution) "Rack2 Binder with embedded Viewer (*.exe)" generated by the export function of the Software, except for your own personal use. (3) You acknowledge and agree that the Software is not designed, developed or manufactured for any use that may give rise to fatal risks or dangers such that, unless extremely high safety is secured, the use could lead to death, personal injury, severe physical damage, or other loss (hereinafter, "High Safety Required Use"), including without limitation, nuclear reaction control in nuclear facilities, aircraft flight control, air traffic control, mass transport control, medical life support systems, and missile launch control in weapon systems. You agree not to use the Software in any High Safety Required Use. PFU LIMITED disclaims any liability for damages cause by use of the Software in any High Safety Required Use. (4) You acknowledge and agree that PFU is not liable for any damage to the Software or to your computer or computer network caused by unauthorized access or computer viruses. It is your responsibility to take proper security measures to avoid unauthorized access to your computer or computer network. 3. Reservation of Rights and Ownership PFU or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is protected by copyright and other intellectual property laws and treaties. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the Software. All rights not expressly granted are reserved by PFU and its suppliers. 4. Assignment You agree not to transfer the Software to any third party at any time for any reason. 5. Export Control You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and desti- nation restrictions issued by the U.S. and other governments. 6. NO WARRANTY YOU AGREE TO ACCEPT THIS SOFTWARE "AS IS." PFU AND ITS SUPPLIERS PROVIDE NO WARRANTY OR GUARANTY WHATSOEVER REGARDING THE SOFTWARE, AND ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, PFU AND ITS AFFILIATES EXCLUDE ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 7. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL PFU OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING FROM THE USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, DEATH, OR PERSONAL INJURY, EVEN IF PFU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 8.Miscellaneous Provisions (1) If you fail to comply with the terms and conditions of this EULA, this license and your rights in the Software shall terminate immediately. In such event, you must destroy all copies of the Software and all of its component parts. (2) This EULA will be governed by and construed in accordance with the substantive laws of Japan. This EULA will not be governed by the conflict of law rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (3) This EULA is the entire agreement between you and PFU LIMITED relating to the Software, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software. (4) If any provision of this EULA is held to be invalid or unenforceable for any reason, the other provisions shall continue in full force and effect. PFU LIMITED