A-AUTO 7.1.0L

EULA - End User License Agreement

Software Trial Utilization Agreement

It shall be deemed that Customer has agreed to the provisions of this Agreement, and this Agreement shall have been validly executed between Customer and BSP Corporation ("BSP Inc"), at the time when Customer uses or installs A-AUTO .
　　　
Article 1. (Licensing)
1. The customer may, in order to perform an evaluation before formally purchasing A-AUTO V7.1.0 (hereinafter, "the software"), use the software on a machine installed at the customer's location (hereinafter, "the designated machine"), under either Windows XP or Windows server 2003 (hereinafter "designated OS") only for the purpose of performing the customer's internal operations. Using the software shall refer to loading, running, and saving the program, and reading figures into and reading out figures from the program according to this Agreement, and to using related documents.
2. The customer may copy and store up to one copy of the software for use as a backup.
3. The customer shall not perform reverse engineering by disassembling or decompiling the software, nor modify the software by any method whatever.
4. The customer shall obtain only the right to use the software based on this provision; it shall not obtain any other rights such as copyright, ownership right etc. to the software.
5. In cases where a program of another company is part of the software, the other company can separately grant the customer license to use the program, but the customer shall comply with conditions stipulated by this Agreement, insofar as this does not infringe on the contents of the license agreement.
6. In a case where a development kit is part of the software, the customer may freely copy and use the development kit within a range necessary for the operations, without paying other additional cost of the initial license for use of the development kit.

Article 2 (Rental of the Machine)

1. In a case where BSP Inc. has rented out a machine for an evaluation use to the customer for use in the trial utilization of the software, the customer shall use the rented machine with the due care of a good manager, within the range of the purpose of the trial utilization.
2. The cost of renting out the rented machine shall be borne by BSP Inc. and the cost of returning the rented machine shall be borne by the customer.
3. If the rented machine is damaged by the customer either knowingly or negligently, the customer shall repair the rented machine at the customer's expense or shall pay the cost of the repair to BSP Inc.

Article 3. (Responsibility for Guarantee)
1. BSP Inc. warrants for a period of at least 30 days from the time when Customer has downloaded the Software, that the Software will operate as provided in BSP's designated specifications if it is used in the operation environment specified by BSP.
2. BSP Inc. shall warrant that it owns copyright to the software or it has obtained right to sublicense its use from the copyright holder.
3. BSP Inc. shall make no warranty that the software will operate without any downtime or without error, or that the software fits the customer's purpose of use.

Article 4. (Range of Responsibility of BSP Inc.)
BSP Inc. shall pay compensation up to USD $3000 for normal losses which the customer has actually experienced as a direct result of the customer's use of the software for a reason which is attributable to BSP Inc.

Article 5. (Assignment of Rights)
The customer shall not perform the following actions without prior written approval by BSP Inc.
1) Assign, rent, or transfer possession of the software on CD medium or in other form of copy to a third party.
2) Transfer, assign, or provide as security, status under this Agreement or rights and obligations under this Agreement to a third party.

Article 6. (Cancellation of This Agreement)
1. In a case where the customer has breached a provision of this Agreement, and has not made redress for the said breach within 2 weeks after BSP Inc. has formally demanded redress for the said breach, BSP may cancel this Agreement and terminate use of the software by the customer.
2. In the case in the preceding paragraph or of a cancellation during term for the convenience of the customer, the compensation for licensing shall not be returned.

Article7. (Procedures Following Termination of the Agreement)
1. When this Agreement has been cancelled under the previous article, the customer shall immediately erase the software and the backup use copy, and shall discard documents concerning the software.
2. When returning the rented machine after expiration of the trial utilization period, the customer shall completely erase any data created or stored by the customer on such machine at its full responsibility, and even in case where any data created or stored by the customer remains in the rented machine returned to BSP Inc., BSP Inc. shall bear no responsibility for anything related to such data.

Article 8. (Entire Agreement)
This Agreement constitute an entire agreement for the use of the software between the customer and BSP Inc.

Article 9. (Consultations)
A matter not stipulated by this Agreement or a question concerning the interpretation of this Agreement shall be settled in good faith through consultations between both parties.

Article 10. (Court with Jurisdiction by the Agreement)
In case where a dispute concerning this Agreement has arisen, if a court decision is required, the Tokyo District Court shall be the court of first instance with the exclusive jurisdiction by the agreement.
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