T-Kernel. Provided, however, that the Ported Source Code
may be treated in the same way as the Modified Source
Code until the time of registration hereunder.
5. The provision set forth in Article 3 shall apply to the Ported
Source Code registered in accordance with this Article.
Article 7. Use for Other Purpose
1. Any use of the Source Code, the Modified Source Code
or the Ported Source Code other than those stipulated in
Articles 4, 5 and 6 shall be subject to the prior approval of
T-Engine Forum.
Article 8. Limited Warranty
1. T-Engine Forum and the copyright holder of the Source
Code warrant that the Source Code does not infringe
third party’s copyrights. Provided, however, that T-Engine
Forum and the copyright holder of the Source Code make
no warranty as to the Hardware-dependent Part and/or
Compiler- dependent Part set forth in Article 6.2 in the Ported
Source Code by any third party.
2. Neither T-Engine Forum nor the copyright holder of the
Source Code warrants that the Source Code will fit for any
particular purpose of the Source Code User.
3. Neither T-Engine Forum nor the copyright holder of the
Source Code warrants that the Source Code does not
infringe any third party’s industrial property rights. In no event
shall T-Engine Forum and the copyright holder of the Source
Code be liable for any dispute which may arise between the
Source Code User and a third party in connection with the
third party’s industrial property rights.
Article 9. Indemnity
1. Neither T-Engine Forum nor the copyright holder of the
Source Code shall be liable for any damages (including,
but not limited to, damages resulting from loss of profit,
business interruption, loss of business information or any
other pecuniary damage) arising out of use or impossibility
of use of the Source Code, even if T-Engine Forum and the
copyright holder have been informed of the possibility of
such damages.
Article 10. Breach of Agreement
1. In case that T-Engine Forum considers that this License
Agreement is breached or that the popularization of T-Kernel
is obstructed, T-Engine Forum shall take measures to
correct such breach or such obstruction, take measures
on the ground of copyright infringement, or take any other
necessary measures against the breaching person or the
obstructing person, regardless of whether or not the said
person is a member of T-Engine Forum.
2. In case of breach of this License Agreement by a member
of T-Engine Forum, T-Engine Forum may take appropriate
measures against the member; for example, the member is
disqualified from membership, depending on what kind of
breach has been committed by it.
3. Any legal dispute which may arise in relation to any breach
of this License Agreement shall be subject to the exclusive
jurisdiction of the Tokyo District Court.
Article 11. Governing Law and Language
1. This License Agreement shall be governed by and
interpreted under the laws of Japan.
2. This License Agreement is executed in both Japanese
text and English text provided that the Japanese text shall
govern the interpretation and performance of this License
Agreement.
