END USER LICENSE AGREEMENT PLEASE READ THIS LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY. IT IS BINDING BETWEEN YOU AND UNIXON SYSTEMS CO., LTD. (“UNIXON”) AND GOVERNS YOUR USE OF THE UNIXON SOFTWARE AND SERVICES ACCOMPANYING THIS AGREEMENT OR PROVIDED HEREUNDER, WHICH MAY INCLUDE COMPUTER SOFTWARE, MEDIA ELEMENTS AND USER DOCUMENTATION (COLLECTIVELY, “SOFTWARE”) AND RELATED SERVICES (“SERVICES”). YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WHEN YOU CLICK THE ASSOCIATED “I AGREE” BOX, OR DOWNLOAD, OBTAIN, INSTALL, ACCESS, PAY FOR OR OTHERWISE USE THE SOFTWARE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE, AND PLEASE RETURN THE SOFTWARE TO UNIXON AND DELETE AND DESTROY ANY REMAINING COPIES AND PARTS THEREOF. THE SOFTWARE PROVIDED HEREUNDER IS LICENSED, NOT SOLD TO YOU; AT ALL TIMES, THE SOFTWARE REMAINS THE PROPERTY OF UNIXON. YOU EXPRESSLY AGREE THAT ALL TERMS CONTAINED HEREIN REPRESENT THE CONCLUSIVE INTENTION OF THE PARTIES WITH RESPECT TO YOUR USE OF THE SOFTWARE AND SERVICES. 1. License Grant. 1.1. General: All licenses granted hereunder, including Your rights to use the Software and to receive any Services, are conditioned upon: Your compliance with all provisions of this Agreement, and Your payment of the license fee (“License Fee”) and other fees due for the rights granted under this Agreement and the type of license You purchase. In order to use the Software under this Agreement, You must activate Your copy of the Software with the valid license key provided to You when You purchased Your license (“License Key”) and follow the instructions provided during the launch sequence and in the product information accompanying Your license (“Set-Up Instructions”). When You activate Your Software, You will be required to assign a user name and password to access the Software. Thereafter, You will access and use the Software via Your user name and password. For purposes of this Agreement, “You” means: (a) the individual identified on the invoice, order form or during the registration of the Software, and/or (b) if that individual is entering into this Agreement for the benefit of his/her employer or a third-party, then such employer or third-party. By activating the Software, You represent that You are lawfully able to enter into this Agreement and, if You are activating the Software for a company or other entity, that You have legal authority to do so and to bind the company to the terms set forth herein. 1.2. Software: Subject to the terms and conditions of this Agreement, UNIXON grants You a limited, worldwide non-exclusive, non-sublicensable, non-transferable license to use the Software covered by the license You purchased for the purpose described in the UNIXON Software documentation (“Documentation”). Certain licenses are perpetual in length (unless terminated as provided below), while others have a specified term. All licenses are for the object code version of the Software (no rights to source code are granted) only and are limited to the number of authorized users specified in the type of Software license purchased (“Authorized Users”). In addition, if You have purchased an On-Premise License (see below), You are only permitted to use the Software with one (1) server. If You exceed these limitations You will be invoiced and are responsible for paying additional any License Fees. You are responsible for checking the type of license You have purchased to confirm the limitations that apply to Your use of the Software and for complying with these limitations. 1.3. Types of Software Licenses: 1.3.1. Internal Use License. You may purchase an Internal Use License. Under an internal use license, You may only use the Software in operating Your own business. You may not use the Software to provide services to others (See Service License below). UNIXON offers two types of Internal Use Licenses: (a) on-premise and (b) subscription. An On-Premise License permits You to use the Software from one (1) server located at Your own premises via a dongle containing the Software. You are only permitted to use the Software with the number of Authorized Users permitted under Your license. If You Purchase this type of license, UNIXON will ship you a dongle with the Software promptly after receiving Your payment of the one-time License Fee applicable to Your license. An On-Premise License is perpetual, unless terminated as provided below. A Subscription License requires You to pay UNIXON a monthly subscription License Fee. The amount of this License Fee depends on the type of license You purchase and is set forth in the subscription terms (“Subscription Terms”), at www.faststorm.com. The License Fee is paid in advance and is non refundable. Under a Subscription License, You do not have a copy of the Software, but are permitted to access and use the Software via sites (“Sites”) hosted by one or more Cloud Service Providers. A list of current Cloud Service Providers can be found at www.faststorm.com. In addition to the terms of this Agreement, Your right to access the Software under a Subscription License is subject to the terms and conditions provided by the Cloud Service Provider (“Terms and Conditions”). The Terms and Conditions and the Subscription Terms are subject to change and any such changes shall be effective thirty (30) days after the date they are first posted to on www.faststorm.com. Your Subscription License, and Your access to the Software, will end if You fail to pay the monthly recurring fee or the license is otherwise terminated as provided herein. 1.3.2. Service License. You may also purchase a Service License. If You purchase a Service License You will be provided a dongle with the Software as per Section 1.3.1, except that You will be permitted to use the Software to provide services to others. Also, if You already have an On-Premises License You may extend it so that You can provide services to others by purchasing a Service License. The Service License is subject to additional License Fees and other limitations as set forth at www.faststorm.com. It is also subject to limitations on the number of Authorized Users and servers, in the same way as an On-Premises License. For example, if You have an On-Premises License which permits you to have 50 Authorized Users and You purchase a Service License to supplement it without increasing the number of Authorized Users, the total number of users (internal and the others) will remain at 50. A Service License is not available for a Subscription License and may be terminated as provided below. 1.3.3. Cloud Service Provider. If Your license the Software under a Subscription License, Your access to the Software will be subject to the Terms and Conditions. You acknowledge that UNIXON does not manage the Site or provide the cloud services and does not make any representation or warranty regarding the services performed by the Cloud Service Provider. You hereby release and forever discharge UNIXON from all losses, claims or damages relating to or arising from all acts or omissions of the Cloud Service Provider. 1.4. User Documentation. Your license includes the right to use the applicable User Documentation for informational purposes and solely as needed to exercise the rights granted to You hereunder. 1.5. Internet Access and Equipment. You shall be responsible for selecting, obtaining and maintaining any equipment, hardware and ancillary services necessary to connect to, access or otherwise use the Software hereunder, including, without limitation, modems, hardware, software, operating systems, networking equipment, web servers, and long distance and local telephone service, but excluding the Software (collectively “Equipment”), at Your sole expense. You shall be solely responsible for ensuring that the Equipment is compatible with the Software and complies with the minimum requirements for use with the Software set forth in the User Documentation. 1.6. Protection of Your License Key and Password. Your License Key and password provide You with access to the Software. You are responsible for keeping your License Key and password secure, and You may not share them with unauthorized users. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You agree to take reasonable steps to prevent others from obtaining your access information and to notify UNIXON of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Software and Services used or purchased by others using your password, with or without Your permission or knowledge prior to the time that You notify UNIXON of any unauthorized use. 1.7. Permitted Use. You are permitted install, access and use the Software only in the manner permitted herein. You are responsible for observing and complying with all limitations applicable to the type of license you purchase and for providing all content used with the Software. 2. Updates, Upgrades, Backup Copies and Additional Installations: 2.1. Updates. UNIXON may provide bug fixes, corrections and updates to the Software licensed as under an On-Premise or Service License (“Updates”) from time-to-time, in its sole discretion. Updates are available to no additional charge and are available at www.faststorm.com. You are solely responsible for installing Updates and should periodically check www.faststorm.com for Updates. All Updates are provided under and are subject to the terms of this Agreement. You acknowledge that UNIXON is not required to correct every or any bug, error or problem with the Software that You report to UNIXON or which UNIXON is otherwise made aware. 2.2. Upgrades. From time-to-time UNIXON may make new versions of the Software available (which may include changes or additions to functionality, platform changes, and other modification) for Software licensed under an On-Premise or Service License (“Upgrades”). Upgrades are delineated by a change in the version number for the Software and are available subject to additional fees. You will not have access to Upgrades unless You either purchase them from UNIXON for an additional fee or have purchased a UNIXON Support Plan that includes Upgrades (“Support Plan”). For information regarding UNIXON Support Plans, see www.faststorm.com. If You purchase an Upgrade (either directly form UNIXON or as part of a Support Plan), UNIXON will provide You with a new dongle containing the Upgraded version of the Software. Upon receipt You are required to remove and return the dongle previously provided to You ("Prior Version"), to UNIXON in the postage-paid return envelope accompanying the Upgrade. You must return the Prior Version to UNIXON within fifteen (15) days after delivery of the Upgrade. If You fail to do so, You will be invoiced for and agree to pay a separate monthly License Fee (which shall equal the monthly Subscription License Fee that would apply to the Prior Version is covered by a subscription) for the Prior Version for each month or part thereof that the Prior Version is not returned. Your rights with respect to the Upgrade shall, unless otherwise provided in the license materials accompanying it, be the same as those with Prior Version. In no event shall You use the Update and Prior Version at the same time; You are only granted a single license for each copy of the Software and that license automatically transfers to the Upgrade once installed. Under no circumstances shall You transfer the Prior Version to any other person without also transferring the Update. UNIXON reserves the right to require You to provide proof that You have discontinued use of any Prior Version following delivery of the Upgrade. 3. Restrictions: UNIXON reserves all rights not expressly licensed or otherwise granted under this Agreement. Only Authorized Users hereunder may access and use the Software. Without limiting the generality of the foregoing, to the extent allowed by permissible law and subject to the terms and conditions of this Agreement, the licenses granted to You hereunder are subject to the following limitations: 3.1. No Modifications / Reverse Engineering / Circumvention. You may not and may not permit any other person to: (a) modify, translate, adapt, arrange, or create derivative works based on the Software or User Documentation for any purpose; (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the Software, or any portions thereof; (c) remove, alter, or obscure any proprietary notices, labels, or marks from the Software or User Documentation; (d) utilize any equipment, device, software, or other means designed to circumvent or remove any form of license key or copy protection used by UNIXON in connection with the Software, or use the Software together with any license key or other copy protection device not supplied by UNIXON directly or through an authorized UNIXON distributor; (e) use the Software to develop a product which is competitive with any UNIXON product offerings; (f) use unauthorized License Keys or distribute or publish License Keys except as may be expressly permitted by UNIXON in writing; (g) permit the Software to be used by more than the number of Authorized Users or on more than the permitted number of servers authorized under Your license; (h) disclose any Software benchmark results to any third party without UNIXON’s prior written approval is expressly prohibited; or (j) otherwise use or access the Software other than as permitted hereunder. 3.2. Additional Restrictions. The following additional restrictions apply to Your use of the Software under a Subscription License. Violation of these restrictions shall constitute a breach of Your license, shall be considered to exceed the “authorized access” to the Software and the site from which it is hosted as that term is defined under 18 U.S.C. § 1030, and may result in immediate termination or suspension of your license: Any use of the Site or Software or services for illegal purposes or in support of illegal activities; Harming, or attempting to harm, minors in any way, including, but not limited to child pornography; Transmitting any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property, or that harasses another; Making unauthorized commercial use of the Software or Services; Accessing, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures for the Site, computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data; Transmitting any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software; Any activity that affects the operation of the Software or the Site or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user; Reselling or giving away free access to the Software, other than as permitted under a Service License; Employing software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy the Software or related information; Copying, redirecting, or exploiting the Site or the Software; Using any device, software or routine that would interfere with the proper functioning of the Site or Software, or any transaction conducted via the Site; or Violating any provision of this Agreement or the Terms of Use. UNIXON reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected violation of the above terms, or any crime or civil wrongdoing. UNIXON reserves the right to reveal your identity (and any other relevant information) in the event of a formal complaint or legal action arising from any situation caused by your violation of any terms of this Agreement. 4. Support Plans: 4.1. Support. UNIXON provides support for the Software according to various support plans, all of which are available for an additional License Fee as described at www.faststorm.com. All Support Plans include email support for the current version of the Software, by contacting UNIXON Customer Support at www.faststorm.com or support@faststorm.com. 4.2. Site Support. UNIXON does not provide support for the Site. All enquires regarding the operation of the Site should be directed to the applicable Cloud Service Provider. 4.3. Access to Your Systems. You understand that UNIXON has the right to monitor Your use of the Software and to access Your systems as necessary to provide maintenance and support services, to upgrade the Software, and to assure Your compliance with the terms of this Agreement. You agree that UNIXON has the right to do so and to disable and terminate Your use of the Software if UNIXON determines, in its sole discretion, that You are using the Software in any manner other than as expressly authorized under this Agreement. You hereby grant UNIXON the right to remotely access or monitor the computers on which the Software is installed and used and agree to provide UNIXON with access rights only and solely as necessary to so. 5. Fees: 5.1. Initial Purchase. All License Fees relating to Your purchase of a Software License (including fees associated with the purchase of a Support Plan) and any monthly recurring fees will be invoiced to You by the Cloud Service Provider. All such License Fees are due on the earlier of (a) thirty (30) days after the invoice date or (b) thirty (30) days after time at which You are first provided access to an executable version of the Software (“Delivery”). 5.2. Other Fees. Except for the invoice submitted by the Cloud Service Provider in Section 5.1, all other fees (including for Updates purchased outside a Support Plan, Support Plan renewal fees, license extensions under Section 1.3.2, and fees due under Section 1.2) will be invoiced by UNIXON and shall be due within thirty (30) days after the invoice date. 5.3. General. You agree to pay all applicable License Fees and other fees as invoiced. Except as otherwise provided herein, all fees paid by You are non-refundable and are not contingent on any additional Services or products. All payments must be made in the currency designated in the invoice. Unless otherwise provided in an applicable invoice, all fees exclude all applicable use and other taxes and all applicable export and import fees, customs duties and similar charges, and You are responsible, and will indemnify and hold UNIXON harmless, for payment of all such taxes (other than taxes based on UNIXON’s income), fees, duties, and charges, and any related penalties and interest, arising from the payment of the fees hereunder or the delivery, license, maintenance and support services, or installation of the Software or any Services. 6. Ownership and Intellectual Property: You acknowledge and agree that UNIXON or its suppliers are the sole and exclusive owner of the Software and User Documentation, and that UNIXON or its suppliers are the sole and exclusive owner(s) of all right, title and interest (including, without limitation, all intellectual property rights) therein, including without limitation in the computer code, programs, routines, subroutines, files, data, graphics, screen outputs, and information in or related to the Software and Services. You further acknowledge that all of the above is protected by copyrights, trademarks, and other proprietary rights owned by UNIXON or its suppliers, title to all of which is expressly reserved, and that You acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of this Agreement. UNIXON and its licensors retain all right, title, and interest in and to all of intellectual property rights in the Software and User Documentation and no rights therein or in any related copyright, patent, trademark, trade secret or other ownership or equivalent rights therein are granted to You and that, except the limited licenses specified in this Agreement, You shall have no rights whatsoever in the Software or User Documentation or in any other UNIXON property. Any right, title or interest arising in any derivative work created using any Software shall not entitle You to use the Software or any portion thereof, except as permitted hereunder. The structure, organization, and code of the Software are valuable trade secrets of UNIXON and its licensors and You shall keep such trade secrets confidential. 7. Feedback: You are not required to provide UNIXON with information regarding errors You discover in the Software, improvements that UNIXON may make to the Software (only UNIXON is permitted to modify the Software) or the performance of the Software (“Feedback”). However, if You do provide Feedback to UNIXON, You agree that (a) You will not give Feedback that is subject to license terms that seek to require any UNIXON product, technology, service or documentation incorporating or derived from such Feedback, or any UNIXON intellectual property, to be licensed or otherwise shared with any third party and (b) that UNIXON may make any use thereof that it considers, in its sole discretion, to be beneficial to its business, including to modify the Software or develop new products, without payment or any other obligation to You or any limitation on UNIXON’s use thereof. UNIXON shall have, and You hereby do grant to UNIXON, a non exclusive, perpetual, non-terminable, worldwide, royalty-free right and license to use, reproduce, modify, create derivative works of, display, import, disclose, distribute, sublicense, rent, lease, lend copies of, and otherwise exploit such Feedback and without restriction. 8. Limited Warranty: Except as otherwise expressly specified in this Agreement, UNIXON warrants that the Software will perform materially in accordance with the applicable User Documentation for the thirty (30) day period following Delivery (“Warranty Period”), when used on the recommended operating system and hardware configuration. The limited warranty provided in this Section 8 applies only to the Software as delivered, and specifically excludes defects or other failures relating to Your accident, abuse, unauthorized repair, modifications, or enhancements or installation on a hardware system not compatible with the Software. All warranty claims must be made within the Warranty Period and be accompanied by proof of Your purchase. The entire liability of UNIXON, and Your exclusive remedy for UNIXON’s breach of its warranties hereunder shall be limited to either, at UNIXON’s sole option, replacement of the Software or a refund of the fees You paid to UNIXON for the Software, whereupon this Agreement shall terminate. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under any Services, shall not restart or otherwise affect the Warranty Period. The limited warranty is made only to You and not any other party. Nor will such delivery result in the granting of any additional licenses to use more than one version of the Software at a time under the license granted herein. 9. Disclaimer: EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 8 ABOVE, THE SOFTWARE IS PROVIDED AS IS, AND UNIXON MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE, USER DOCUMENTATION, MEDIA ELEMENTS, OR SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, INTERFERENCE WITH YOUR QUIET ENJOYMENT, SYSTEM INTEGRATION OR WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. UNIXON DOES NOT WARRANT THAT THE SOFTWARE OR USER DOCUMENTATION WILL MEET YOUR REQUIREMENTS. UNIXON MAKES NO WARRANTY THAT ACCESS TO THE SOFTWARE UNDER A SUBSCRIPTION WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 10. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNIXON OR ITS DISTRIBUTORS, SUPPLIERS, LICENSORS OR AFFILIATES (‘UNIXON PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES, LOSS OR INACCURACY OF ANY DATA, OR COST OF SUBSTITUTE GOODS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), ARISING IN ANY WAY OUT OF THIS AGREEMENT, SERVICES, SOFTWARE OR USE OF OR INABILITY TO USE THE SOFTWARE, MEDIA ELEMENTS, OR USER DOCUMENTATION, AND EVEN IF UNIXON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE UNIXON PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU ARISING FROM THIS AGREEMENT SHALL BE LIMITED TO THE SOFTWARE LICENSE FEES PAID BY YOU FOR THE SOFTWARE OR THE FEES PAID BY YOU FOR THE SERVICE DIRECTLY CAUSING THE DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 11. Confidentiality: During this Agreement, UNIXON may provide You with certain pricing, technical, marketing and other confidential information. You acknowledge that such confidential information encompasses valuable trade secrets and is proprietary to UNIXON. You agree that You will maintain the confidentiality of any “confidential information” that UNIXON may provide to You, and You shall not use or disclose the same without the prior written consent of UNIXON. “Confidential information” includes any information that is either designated as confidential by UNIXON or that, under the circumstances surrounding the disclosure, ought in good faith to be treated as confidential by You. In connection with Customer’s installation and registration of the Software, and subject to the current privacy policies located at www.faststorm.com, the Software reports to UNIXON registration information provided by Customer during the registration process, as well as computer configuration information. You agree that any Feedback You provide to UNIXON even if designated as confidential by You, shall not, absent a separate written agreement, create any confidentiality obligation for or upon UNIXON. 12. Compliance: To ensure compliance with this Agreement, You agree that upon reasonable notice, UNIXON or UNIXON's authorized representative shall have the right in inspect and audit Your installation, access and use of the Software. Any such inspection or audit shall be conducted during regular business hours at Your facilities or electronically. If such inspections or audits disclose that You have installed, accessed or permitted access to the Software on computer(s) or otherwise in a manner that is not permitted under this Agreement, then UNIXON may terminate this Agreement immediately and You are liable for the reasonable costs of the audit in addition to any other fees, damages and penalties UNIXON may be entitled to under this Agreement and applicable law. Nothing in this Section shall be deemed to limit any legal or equitable remedies available to UNIXON for violation of this Agreement or applicable law. 13. Term and Termination: 13.1. Term. Subject to the terms and conditions of this Agreement, the license to use the Software begins on Delivery of the Software, and is perpetual (“Term”), unless the Software is licensed under a Subscription License. In the case of a Subscription License, the term of the license begins on Delivery and shall be for the duration identified by UNIXON in the applicable User Documentation. Use of the Software before or beyond the applicable license Term or Subscription period, as applicable, or any attempt to defeat the time-control disabling function in the Software is an unauthorized use and constitutes a material breach of this Agreement and applicable law. 13.2. Termination. UNIXON may, without further obligation or liability to You or any other person or entity, terminate this Agreement and Your license to use the Software immediately upon written notice to You (a) if You fail to materially comply with this Agreement; (b) if UNIXON’s relationship with any third party from whom UNIXON licenses software, technology or services used in the Software terminates or expires; (c) if necessary in order for UNIXON to comply with applicable law or a request of a governmental agency; or (d) if UNIXON determines that Your continued use of the Software will expose UNIXON to liability. Upon any termination, cancellation or expiration of this Agreement, or a specific license granted hereunder, neither You nor any other person or entity shall have any further right to make any use of the Software or User Documentation that is a subject of terminated license or Agreement. Upon termination, You shall return all Software and User Documentation, and destroy any remaining non-returnable copies. Sections 1.2, 1.3.3, 1.6 and 5 -13 shall survive termination or expiration of the Agreement. 14. Compliance with Laws: The Software may not be used for any unlawful purpose, including to reproduce, transmit, publish, or share any content (e.g. written materials, audio, photographic, video, multimedia, etc.) in violation of any contract, copyright, privacy, publicity or other rights of any other party. You shall indemnify, defend and hold the UNIXON Parties harmless from any and all loss, claim or damages arising out of Your use of the Software in violation of any provision of this Agreement, including without limitation any claim for indirect or contributory infringement arising from Your use of the Software and/or the use or transmission of any materials using the Software. 15. Export Rules: You agree that the Software and Media Elements will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software and/or Media Elements is identified as export controlled items under the Export Laws, You represent and warrant that You are a citizen, permitted to receive and otherwise located in a jurisdiction where You are permitted to receive the Software and Media Elements and that You are not a “Denied Person” or affiliated with a “Denied Entity” as those terms are defined under U.S. Export Laws. You shall indemnify, defend and hold harmless UNIXON from and against any claims, penalties, loss or damage arising out of a breach of Your obligations under this Section. You may not export the Software or User Documentation in violation of this Agreement, U.S. or other applicable export control laws. You may not use the Software or User Documentation outside of the country in which You acquired the Software. 16. Choice of Law / Jurisdiction / Attorney’s Fees: Any dispute regarding this Agreement shall be governed by the laws of the Japan, and the Parties agree to accept the exclusive jurisdiction of the courts of Japan located in Tokyo, Japan, regardless of conflicts of laws. The Parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the Japanese language. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. In any dispute between UNIXON and You for breach of this Agreement or UNIXON’s rights under it, where UNIXON prevails, UNIXON shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, court costs, and other legal expenses. 17. Merger: This Agreement (including the User Documentation) constitutes the entire agreement between the Parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a separate written agreement signed by duly authorized representatives of UNIXON. Further, no purchase order or similar document issued by You shall modify this Agreement even if signed by UNIXON and, in the event of any conflict between this Agreement and any other agreement between You and UNIXON, the terms of this Agreement shall control. In the event of any conflict between this Agreement and any other document relating to the subject matter hereof, You agree that the conflict shall be reconciled consistent with the terms of this Agreement and no supplementary terms shall be incorporated into this Agreement by operation of applicable law. You agree not to assert any position inconsistent with above in any proceeding to which You and UNIXON are Parties. 18. Miscellaneous: If UNIXON’ performance of any of its obligations hereunder is delayed by labor dispute, war, governmental action, acts of terrorism, flood, fire, explosion, other act of nature, the public enemy, or any other matter not within UNIXON’ reasonable control, then the date for performance shall be extended by the time of such delay. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. Accordingly, the Parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the Parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the Parties, their successors and assigns, except that You may not assign or transfer this Agreement without UNIXON’ prior written consent. In the event You and UNIXON have executed a mutually agreed upon and separately executed software license and related services agreement (“Preferred Agreement”) and acquired the Software pursuant to such Preferred Agreement, the Parties hereby expressly agree that it is their mutual intent that the terms of the Preferred Agreement shall govern Your use of the Software and that the terms of this Agreement shall be superseded by the Preferred Agreement to the extent they are inconsistent. The Parties expressly agree that Preferred Agreement(s) do not include unilaterally issued purchase orders, invoices, receipts or other similar documents which are not expressly agreed to by the Parties as part of the Preferred Agreement. The product name for the Software is or may be a trademark or registered trademark of UNIXON. Should You have questions concerning this License Agreement, please contact Your UNIXON sales representative or authorized reseller, or contact UNIXON Customer Support at www.faststorm.com.