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<br />NEC <br /> <br />(g) <br /> <br />EXCEPT AS SPECIFICALLY STATED HEREIN, NEC, ITS SUPPLIERS AND AGENTS MAKE NO WARRANTIES, <br />EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR <br />PURPOSE. <br /> <br />10. <br /> <br />SOFTWARE LICENSE <br /> <br />UNLESS NEC REQUIRES A SEPARATE LICENSE AGREEMENT CONCERNING PARTICULAR SOFTWARE FOR USE ON <br />THE SYSTEM, THE FOLLOWING LICENSE SHALL BE APPLICABLE TO SOFTWARE PROVIDED FOR USE WITH THE <br />SYSTEM: <br /> <br />(a) <br /> <br />NEC grants Customer a non-exclusive license to use the Software provided under this Agreement (including related <br />documentation and any upgrades and enhancements to the System Software) for the useful life of the System solely to <br />operate and maintain the System purchased under this Agreement. NEC may immediately terminate such license, in the <br />event that Customer, without NEC's prior written consent: <br /> <br />(1 ) <br /> <br />discloses any portion of the Software to a third party, <br /> <br />(2) <br /> <br />reverse compiles, disassembles, modifies, adds to, deletes from or otherwise alters the Software in whole <br />or in part, <br /> <br />(3) <br /> <br />sublicenses the Software, <br /> <br />(4) <br /> <br />transfers the Software to, or shares the use of the Software with, a third party (other than for maintenance), <br />or <br /> <br />(5) <br /> <br />uses the Software on a system or equipment other than that provided to Customer by NEC under this <br />Agreement. <br /> <br />In addition, this Software license will automatically terminate if NEC terminates this Agreement, as provided in Section 14 hereof <br />"CUSTOMER DEFAULT". If this license is terminated, Customer will, at NEC's option, either return to NEC, erase or destroy any <br />Software and all copies and certify the same to NEC, if requested. <br /> <br />(b) <br /> <br />Customer may not assign, sublicense or otherwise transfer Customer's rights or interest in this Software license, in whole or <br />in part, except to a third party who has acquired the System from Customer, and agrees to be bound by the terms of this <br />license. CUSTOMER MUST FORWARD WRITTEN EVIDENCE OF THE ABOVE TO NEC AS A CONDITION TO ANY <br />TRANSFER OF THE SOFTWARE LICENSE. EXCEPT AS PROVIDED ABOVE, THE ABOVE LICENSE IS NOT <br />TRANSFERABLE TO ANY OTHER SYSTEM OR EQUIPMENT, EVEN IF MANUFACTURED OR PROVIDED BY NEC. <br /> <br />UNDER NO CIRCUMSTANCES SHALL CUSTOMER (OR, IF PERMITTED ABOVE, CUSTOMER'S TRANSFEREE) <br />ACQUIRE TITLE TO THE SOFTWARE, OR ANY RIGHT OR INTEREST TO THE SOFTWARE OTHER THAN AS SET <br />FORTH ABOVE. <br /> <br />Page 4 of 7 <br /> <br />r" <br /> <br />'----T""-"-""""--'--- - <br />