END-USER SOFTWARE LICENSE AGREEMENT

By installing, copying or otherwise using the Software contained in nac ACS series STARTER KIT for LabVIEW and MATLAB SDK, you agree to be bound by the following terms. If you do not agree to the terms of this Agreement, do not use any software component associated with nac ACS series STARTER KIT for LabVIEW and MATLAB SDK.

ARTICLE 1. GRANT OF LICENSE

1. NAC, including software documentations, interfaces, content, fonts and any data that came with nac ACS series STARTER KIT for LabVIEW and MATLAB SDK as may be updates or system restore software provided by NAC ("Software Updates"), whether on any media or in any form (the Original Software and Software Updates are collectively referred to as the "Software") are licensed, not sold to you by NAC for use only under the terms of this Agreement. NAC retain ownership of all copyright of the Software and reserves all rights not expressly granted to you.
2. NAC, at its discretion, may make available future Software Updates for nac ACS series STARTER KIT for LabVIEW and MATLAB SDK. The terms of this Agreement will govern any Software Updates provided by NAC that replace and/or supplement the original Software, unless such Software Update is accompanied by a separate license in which case the terms of that license will govern.

ARTICLE 2. PERMITTED LICENSE USES AND RESTRICTIONS

1. Subject to the terms and conditions of this license, you are granted a limited, non-exclusive license to use nac ACS series STARTER KIT for LabVIEW and MATLAB SDK. This license does not grant you any rights to use NAC proprietary interfaces and other intellectual propriety in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications for use with nac ACS series STARTER KIT for LabVIEW and MATLAB SDK.
2. Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to download Software Updates that may be made available by NAC to update or restore the software. This Agreement does not allow you distribute or make the Software Updates available over a network.
3. You agree to use the Software in compliance with all applicable laws, including local laws of the countries or region in which you reside or in which you download or use the Software and/or Services. Features of the Software and the Services may not be available in all languages and regions, some features may not be available or may vary based on age or region, and some may be restricted or unavailable from your service provider.

ARTICLE 3. RESTRICTIONS

1. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source of, decrypt, modify, or create derivatives works of the Software or any module thereof (except as and only to the extend any foregoing restriction is prohibited by applicable law or by licensing terms governing use of opensource components that may be included with the Software). You agree not to remove, obscure or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Software.
2. You may not rent, lease, lend, sell, redistribute or sublicense the Software.
3. You are allowed to use the SOFTWARE as a single product, and may not use the components separately from one or more devices.

ARTICLE 4. EFFECTIVE PERIOD

This Agreement shall be effective from the date of start of using the Software ("Effective Date") upon consent of you to this Agreement. you may continue to use the Software from the Effective Date. Provided, however, that in the event you breach this Agreement, NAC may immediately terminate the license granted hereunder without requiring any notice.

ARTICLE 5. TERMINATION

If NAC cease to carry the business related to the Software, NAC may terminate this Agreement without a letter of demand or any other procedure to you.

ARTICLE 6. MEASURES AT TERMINATION

6.1 On termination of this Agreement for any reason, you shall promptly cease to use the Software, and immediately uninstall it from all devices. You shall also, within one (1) month after the termination of this Agreement and at your costs, promptly destroy the Software.

6.2 Notwithstanding the termination of this Agreement, Article 7, Article 8, Article 9, Article 11, and Article 12 of this Agreement shall remain in full force and effect.

ARTICLE 7. LIMITED WARRANTIES

7.1 NAC SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND OTHER PECUNIARY DAMAGES), CAUSED BY THE USE OF OTHER PRODUCTS (INCLUDING BUT NOT LIMITED TO OPERATING SYSTEMS, RESIDENT SOFTWARE PRODUCTS, COMPUTER, AND THE PERIPHERAL EQUIPMENT) THAT OPERATE IN COOPERATION WITH THE SOFTWARE OR BY UNAVAILABILITY OF THESE PRODUCTS.

7.2 NAC DOES NOT WARRANT THAT THE QUALITY AND FUNCTIONS OF THE SOFTWARE WILL MEET CUSTOMER's REQUREMENTS AND IS NOT LIABLE FOR ANY DEFECTS AND QUALITY OF THE SOFTWARE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. CUSTOMERS SHALL BE LIABLE FOR THE INSTALLATION OF THE SOFTWARE AND ALSO FOR THE RESULT OF USING THE SOFTWARE.

ARTICLE 8. LIMITATION OF LIABILITY

8.1 In no event shall NAC, its shareholders, affiliates, agents or principals be liable for personal in injury, or any incidental, special, indirect or consequential damage whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data (including without limitation course instructions, assignments and materials), business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software and/or Service or any third party software, applications or services in conjunction with the Software or Services, however caused, regardless of the theory of liability (contact, tort or otherwise). In no event shall NAC's total liability to you for all damages. The foregoing limitations will apply even if the above stated remedy fails of its essentials purpose.

8.2 In addition to the disclaimers of warranties and limitation of liability set forth in the license, NAC does not assume any liability for purchases, payments, transactions or other activity made using nac ACS series STARTER KIT for LabVIEW and MATLAB SDK.

ARTICLE 9. EXPORT CONTROL

9.1 When exporting the Software or providing technology to a non-resident, you shall comply with all export control laws, regulations and court orders of the country concerned and shall take necessary procedures such as obtaining export licenses from the country concerned.

9.2 You shall not use the Software provided from NAC in relation to the development, production, use or storage of nuclear weapons, chemical, or biological weapons, their means of delivery (e.g. missiles, rockets, or unmanned air vehicles), and related components, materials, equipment, and technology, etc. (hereinafter collectively referred to as Weapons of Mass Destruction, "WMD"), or shall not sell or transfer such the Software to any third party should you know or suspect that those would be used in such applications. With respect to the Software, you shall not engage in any transactions in which United Nations Arms Embargo Countries is or could possibly be involved.

9.3 When NAC requests you to provide information as needed, you shall provide NAC with information in writing.

ARTICLE 10. COMPLETE AGREEMENT; GOVERNING LANGUAGE

This Agreement constitutes the entire agreement between you and NAC relating to the Software and supersedes all prior or contemporaneous understanding regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by NAC. Any translation of this Agreement 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.

ARTICLE 11. DISPUTE RESOLUTION

Any dispute or claim arising out of, in relation to, or in connection with this Agreement shall be settled by an amicable effort by NAC and you.

ARTICLE 12. GOVERNING LAW

The validity, construction and performance of this Agreement shall be governed in all respects by the laws of Japan. In the event any litigation concerning to this Agreement is required, the Tokyo District Court shall be the exclusive jurisdiction court of the first instance.