Fujitsu Enterprise Postgres trial version - Software Evaluation License Agreement

FUJITSU SOFTWARE EVALUATION LICENSE AGREEMENT

This document lists special cautions and reference information relating to the use of this tool. Please read this document carefully before downloading the program. By downloading the program, you agree to the terms of this document. Subject to your agreement to the terms of this agreement and applicable entitlement, Fujitsu Limited (hereinafter referred to as "Fujitsu") grants you the license of the software pursuant to this document. The contents of this note are subject to change without notice.

IMPORTANT

YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT ("AGREEMENT") BEFORE USING OR INSTALLING THE PROGRAMS OR DOWNLOADING IT FROM A COMPUTER SITE. BY USING, INSTALLING OR DOWNLOADING THE PROGRAMS, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO ABIDE BY THEM. IF ANY OF THE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT USE THE PROGRAMS. IF YOU ARE PREPARING TO INSTALL OR DOWNLOAD THE PROGRAMS, THEN EXIT THE INSTALLATION WIZARD OR DOWNLOADING ACTIVITY AND IMMEDIATELY DELETE ALL FILES RELATED TO THE PROGRAMS. FUJITSU LIMITED ("FUJITSU") GRANTS YOU ("CUSTOMER") A LICENSE TO USE THE SOFTWARE AND DOCUMENTATION ("PROGRAMS") ON THE TERMS AND CONDITIONS SET FORTH BELOW.

LICENSE:

Customer shall have the limited right to use the Programs for the limited period of 90 days after installation. Customer may use the Programs solely for its own internal evaluation and testing. No copies of the Programs shall be made without Fujitsu's prior written consent. Customer shall not: (a) remove any product identification, copyright or proprietary notices, or other restrictions from Programs; (b) use Programs for commercial purposes; (c) transfer, sell, assign or otherwise convey Programs to another party; (d) cause or permit reverse engineering, disassembly, or recompilation of Programs; (e) disclose results of any benchmark tests of any Programs to any third party without Fujitsu's prior written approval, (f) disclose the Programs or any information regarding the functionality of the Programs to any third party, or (g) allow anyone other than Customer or its employees to have access to, use or observe the operation of the Programs. The term of this license shall be set forth in the approval notice issued by FUJITSU. Upon the expiration of this license, you shall immediately cease to use the Programs, and shall destroy all copies of Programs.

COPYRIGHT/OWNERSHIP OF PROGRAMS:

Programs are the proprietary products of Fujitsu and its licensors and are protected by copyright and other intellectual property laws. Customer acquires only the right to use Programs for evaluation purposes and does not acquire any rights, express or implied, in Programs or media containing Programs. Fujitsu, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights in Programs and media.

NO WARRANTIES/EXCLUSIVE REMEDIES:

THIS IS AN EVALUATION VERSION OF THE PROGRAMS. FUJITSU IS PROVIDING THE PROGRAMS AS IS WITHOUT ANY WARRANTY OF ANY KIND AND FURTHER DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY:

PROGRAMS SHALL NOT BE USED FOR PRODUCTION OR WITH LIVE DATA. NEITHER FUJITSU NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF FUJITSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXPORT CONTROLS:

1. Customer agrees that it will comply with all applicable export control laws, restrictions or regulations of Japan, United States and other countries (collectively the "Export Laws"). Such compliance includes, but is not limited to, Customer's provision of any written assurances to Fujitsu required under the Export Laws. Customer agrees that it shall not, nor shall it permit others to, export or re-export, directly or indirectly, Programs, and any materials or information received from Fujitsu.
2. Without limiting the generality of the foregoing, Customer confirms that Customer complies with each of the following statements:
1. Customer is not national, citizen or habitant of Iran, Syria, North Korea, Sudan, Cuba, Russia, Belarus or Crimea/Donetsk/Luhansk region (Ukraine), nor under the control of the above countries.
   Customer will not, directly or indirectly, install or download Programs for any national, citizen or habitant of the above countries, nor export or re-export it to them.
   Customer is not listed on any of the following lists.
   • "End Users' List" of Japan
   • "Denied Persons List" of US Department of Commerce
   • "Unverified List" of US Department of Commerce
2. Customer will not, directly or indirectly, install or download Programs for any person listed on the above lists, nor export or re-export it to them.
3. Customer has not engaged/are not engaging/will not engage in the development (*1) of Weapons of Mass Destruction (*2).
4. Customer will not use Programs for; the development of Weapons of Mass Destruction; development of nuclear fuel or nuclear source material, research on atomic fusion, development of nuclear reactors (excluding light-water reactors for power generation) or their parts supporting equipment, manufacture of heavy water, processing of nuclear fuel, reprocessing of nuclear fuel; or activities stipulated below and carried out by administrative agencies of related to military or national defense, or carried out by the entities which have apparent contacts with these agencies:
   • Development or manufacture of chemical substances
   • Development of microorganisms or toxins
   • Development of rockets or unmanned aircraft
   • Aerospace research
5. Customer will not use Programs for military application.

*1: Development: Development, production, usage or storage

*2: Weapons of Mass Destruction: Nuclear weapons, chemical weapons, biological weapons and toxic weapons, devices spreading, bio-chemicals for military use, rockets with at least 300km. of range or unmanned aircrafts of at least 300km. of range.

GENERAL:

This Agreement states the full understanding of the Customer and Fujitsu regarding Customer's use of the Programs. This Agreement and all disputes arising hereunder will be governed by the laws of Japan without reference to any terms applying to conflicts of laws. Any dispute or difference arising between the parties hereto related to this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court. The prevailing party in any dispute shall be entitled to its reasonable attorney's fees and other costs of suit.

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