Manual Yokogawa FSA120 Flow Configuration Software (page 10 of 163) (English)

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<1. Introduction>

1-5

IM 01C25R51-01E

(4) LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD LICENSOR AND SUPPLIERS

FROM ANY CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS OR

SETTLEMENTS, INCLUDING ALL REASONABLE COSTS AND EXPENSES RELATED

THERETO INCLUDING ATTORNEY’S FEES, DIRECTLY OR INDIRECTLY RESULTING

FROM ANY CLAIM MADE OR POTENTIAL CLAIM BY A THIRD PARTY AGAINST

LICENSOR OR SUPPLIERS ARISING OUT OF ANY ACT OR USE OF LICENSED

SOFTWARE BY LICENSEE.

1.2.5 Term and Termination

(1) This Agreement shall become effective when the Licensee installs, copies or otherwise

commences to use the Licensed Software and remain in full force until and terminate when

(a) Licensor terminates this Agreement according to paragraph 1.2.5 (2); or (b) the Licensee

ceases to use the Licensed Software, whichever comes earlier.

(

2) Licensor shall have the right to immediately terminate this Agreement without any notice to

Licensee, if Licensee breaches any of the terms and conditions hereof.

(

3) Upon termination of this Agreement, Licensee shall immediately, in accordance with

instructions by Licensor, return all copies of the Licensed Software in its possession to

Licensor or its designee and erase all copies of the Licensed Software installed in any

computer hereunder.

(

4) The license fee paid by the Licensee to the Licensor in consideration of the use of the

Licensed Software hereunder shall be non-refundable unless otherwise expressly provided

herein.

(

5) The provisions of the paragraphs 1.2.3, 1.2.4, 1.2.5 and 1.2.6 shall survive any expiration or

termination of this Agreement.

1.2.6 General Provisions

(1) This Agreement shall be governed by and construed in accordance with the laws of Japan.

All disputes, controversies or differences which may arise between the parties hereto, out

forinrelationtoorinconnectionwiththisAgreementshallbenallysettledbyarbitration

in Tokyo, Japan in accordance with the Commercial Arbitration Rules of the Japan

ommercialArbitrationAssociation.Theawardrenderedbythearbitrator(s)shallbenal

and binding upon the parties hereto.

(

2) This Agreement shall supersede any prior representations, discussions, undertakings,

communications or advertising with respect to the Licensed Software to the extent such

representations, discussions, undertakings, communications or advertising should be

discrepant or inconsistent with this Agreement.

(

3) If any part of this Agreement is found void or unenforceable under any laws or regulations

and Licensor deems it is not reasonable to license without such void or unenforceable part,

Licensor is entitled to modify the terms of this Agreement or terminate this Agreement at its

option without owing any liability to Licensee.

(

4) Licensee agrees that the Licensed Software shall not be shipped, transferred or exported to

any country or used in any manner prohibited by any export administration laws, restrictions

or regulations of Japan, the United States and other countries that may be applicable to the

Licenced Software.

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Yokogawa FSA120 Flow Configuration Software Manual

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