Oki Semiconductor Software License Agreement Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY CLICKING THE "ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. THIS IS THE ENTIRE AGREEMENT WITH RESPECT TO THE OKI SOFTWARE AND ALL OTHER TERMS ARE REJECTED. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PLEASE CLICK ON THE "REJECT" BUTTON.

1.  General The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Oki Software") are licensed, not sold, to you by Oki Semiconductor, a wholly owned subsidiary of Oki Electric Industry Co., Ltd. in Japan ("Oki") for use only under the terms of this License, and Oki reserves all rights not expressly granted to you. The rights granted herein are limited to Oki's intellectual property rights in the Oki Software and do not include any other patents or intellectual property rights. You own the media on which the Oki Software is recorded, but Oki and/or Oki's licensor(s) retain ownership of the Oki Software itself.

2.  Transfer You may not sell, rent, lease, or sublicense the Oki Software. You may however, provide the software for a nominal fee that only covers the media that the software is contained on and shipping fees. Any such distribution of the Oki software must contain all of the Oki software including all of its component parts and this License.

3.  Termination This License is effective until terminated. Your rights under this License will terminate automatically without notice from Oki if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Oki Software and destroy all copies, full or partial, of the Oki Software.

4.  Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE OKI SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OKI SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OKI AND OKI'S LICENSORS (COLLECTIVELY REFERRED TO AS "OKI" FOR THE PURPOSES OF SECTIONS 4 AND 5) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE OKI SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OKI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE OKI SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE OKI SOFTWARE CAN OR WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE OKI SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE OKI SOFTWARE CAN OR WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OKI OR AN OKI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

5.  Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OKI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE OKI SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 5.  Export Law Assurances You may not use or otherwise export or re-export the Oki Software except as authorized by United States law and the laws of the jurisdiction in which the Oki Software was obtained. In particular, but without limitation, the Oki Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Oki Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

6.  Government End Users The Oki Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

7.  Controlling Law and Severability This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

8.  Complete Agreement; Governing Language This License constitutes the entire agreement between the parties with respect to the use of the Oki Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Oki. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this License shall govern.