End User License agreement


This License agreement (the "AGREEMENT") is made between Hitachi Industrial Equipment Systems Co., Ltd and the individual who is installing the software ("LICENSEE"), and is effective on the date when the installation is completed (the "EFFECTIVE DATE"). Hitachi Industrial Equipment Systems Co., Ltd is the owner of certain right, title and interest of the computer program entitled ProDriveNext and related documentation (the "SOFTWARE PRODUCT"). LICENSEE wishes to obtain and Hitachi Industrial Equipment Systems Co., Ltd agrees to grant an on-exclusive license to use the SOFTWARE PRODUCT under the terms of the AGREEMENT.
Hitachi Industrial Equipment Systems Co., Ltd and LICENSEE in consideration of the above agree as follows:

1. Hitachi Industrial Equipment Systems Co., Ltd hereby grants to LICENSEE 
   nonexclusive rights to use the SOFTWARE PRODUCT from the 
   EFFECTIVE DATE without any rights whatsoever to redistribute the 
   SOFTWARE PRODUCT, under the terms and conditions of the 
   AGREEMENT. 
   Hitachi Industrial Equipment Systems Co., Ltd retains all ownership rights 
   in the SOFTWARE PRODUCT, including patent rights, copyrights and 
   licensing rights. No rights, express or implied, for use other than specified 
   in this AGREEMENT are transferred.

2. LICENSEE agrees not to reverse engineer, decompile, disassemble or 
   distribute the SOFTWARE PRODUCT, except and only to the extent that 
   such activity is expressly permitted by applicable law notwithstanding this 
   limitation.

3. Hitachi Industrial Equipment Systems Co., Ltd expressly disclaims any 
   warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT 
   and any related documentation is provided "as is" without warranty or 
   condition of any kind, either express or implied, including, without 
   limitation, the implied warranties or conditions of merchantability, fitness 
   for a particular purpose, or noninfringement. The entire risk arising out of 
   use or performance of the SOFTWARE PRODUCT remains with the 
   licensee. And there is no warranty for EzSQ editing functions and EzSQ 
   functions.

4. In no event shall Hitachi Industrial Equipment Systems Co., Ltd, its 
   trustees, directors, officers, employees, agents, associates or its suppliers 
   be liable for any for incidental or consequential damages of any kind, 
   including, without limitation, damages for loss of business profits, business 
   interruption, loss of business information, or any other pecuniary loss 
   arising out of the use of or inability to use the software product, even if 
   Hitachi Industrial Equipment Systems Co., Ltd has been advised of the 
   possibility of such damages.

5. System builders are liable for any incidental or consequential damages of 
   any kind caused by the engineering systems or FA systems made by use 
   of the SOFTWARE PRODUCT.

6. The SOFTWARE PRODUCT does not ensure combined operations with 
   computers, computer supplies, and FA components which satisfy industrial 
   standards.

7. The parties agree that this AGREEMENT is the entire AGREEMENT, and 
   shall not be subject to any change or modification except in writing by 
   both parties.
