LICENSE AGREEMENT
Product Name
Total number of licenses
XG Series Basic Software
1
Thank you for purchasing the XG Series switch product (“Hardware”) and accompanying software (“Software,”
together with Hardware, collectively, referred to as “Product”) manufactured by Fujitsu Limited (“Fujitsu”). The use
of the Product is subject to Customer’s acceptance of the terms and conditions of the following requirements (“Use
Requirements”). Please note that Customer’s use, installation or backup of the Product constitutes your acceptance of
the following Use Requirements. Please keep this License Agreement in a secure location as it will not be re-issued.
Use Requirements
1. Use and Copyright of the Software
Customer may use the Software solely in connection with the single Hardware that Customer has purchased.
The total number of Hardware that Customer can use in connection with the Software is limited to the number of
license specified above. Customer needs to purchase an additional license from Fujitsu in order to use the Software
in connection with additional unit of the XG Series switch product or other functions. Customer acquires only right
to use the Software by purchasing, this Software is copyrighted by Fujitsu or the third party that developed the
software used in the Software.
2. Transfer
Customer may not assign, transfer, lease, relicense or sublicense the Software or any rights in or to the Software to
third parties. Customer further agrees to keep the Software free and clear of any and all claims, liens, security
interests and other encumbrances.
3. Modification
Customer may not modify, disassemble, decompile or reverse engineer the Software.
4. Scope of Warranty
(1) If Customer notifies Fujitsu of any discrepancy between the manual, user guides or other related documents
(“Documentation”) and the Software, Fujitsu shall, at its sole discretion, correct or provide information relating
to such correction free of charge within ninety (90) days of Customer’s purchase of the Product (“Warranty
Period”).
(2) During the Warranty Period, if the said discrepancy between the Documentation and the Software cannot be
corrected despite Fujitsu’s repeated corrections or provision of information within reasonable limits as set forth
in subsection (1) above, Fujitsu shall be liable for damages incurred to Customer by reason of such discrepancy.
Fujitsu’s aggregate liability for such damages shall not exceed the amount equal to the total price of the Product.
Further, Fujitsu shall not be liable for (i) damages to the extent they are caused by conditions not attributable to
Fujitsu, or (ii) any damages caused by special conditions such as indirect, incidental, special, consequential or
punitive damages, or damages for loss of profits, revenue, business, savings, data, use or cost of substitute
procurement, incurred by Customer or any third party, even if Fujitsu has been advised of the possibility of such
damages or even if such damages are foreseeable. .
(3) In the event a third party files a lawsuit, an appeal, a claim, or similar action ( “Claim”) against Customer
alleging that the Software infringes any patent, copyright, trademark, trade secret or any other intellectual
property right (“Intellectual Property Rights”) of such third party, upon Customer’s request and Customer’s
delegation of its rights to Fujitsu, Fujitsu shall assume control of the defense and settlement of any such Claim
at its sole cost and responsibility. In such event, Fujitsu will pay for damages and expenses attributable to such
Claim.
(4) If it is determined in a final judgment or settlement that the Software
infringes Intellectual Property Rights of a third party as described in subsection (3) above, Fujitsu shall take
any one of the measures described below at its sole discretion:
a. modify the Software to be non-infringing;
b. obtain permission from third parties so that the Customer can use the Software; or
c. if in Fujitsu’s sole judgment it is not commercially reasonable to perform either of the above options, subject to
the limitation of liability set forth in subsection (2) above, Fujitsu shall pay for any damages Customer has
incurred due to nonuse of the Software.
(5) If the Claim described in subsection (3) above is withdrawn based on the determination that the Software does
not infringe the Intellectual Property Rights of a third party, or that the Intellectual Property Rights of a third
party are invalid, the expenses incurred by the Customer or Fujitsu in dealing with such Claim shall be equally
divided between Customer and Fujitsu.
(6) Except as otherwise expressly set forth above, Fujitsu shall not be liable for any damages (including, but not
limited to, loss of profits, suspension of operations, loss of business-related information, or other monetary
damages) arising out of the use or nonuse of the Product, even if Fujitsu has been advised of the possibility of
such damages in advance.
(7) If the Software contains software developed by a third party vendor, the warranty with respect to such third
party software is limited to those warranties provided by Fujitsu hereunder, and the third party vendor does not
provide any further warranties with respect to such third party software .
5. High Safety Required Use
The Customer acknowledges and agrees that the Software is designed, developed and manufactured as
contemplated for general use, including without limitation, general office use, personal use, household use, and
ordinary industrial uses, but is not designed, developed and manufactured as contemplated for use accompanying
fatal risks or dangers that, unless extremely high safety is secured, could lead directly to death, personal injury,
severe physical damage or other loss (hereinafter “High Safety Required Use”), including without limitation,
nuclear reaction control in nuclear facility, aircraft flight control, air traffic control, mass transport control, medical
life support system, and missile launch control in weapon system.
The Customer shall not use the Software without securing the sufficient safety required for the High Safety
Required Use. In addition, Fujitsu shall not be liable against the Customer and/or any third party for any claim or
damages arising in connection with the High Safety Required Use of the Software.
6. Grant of Use
The Software contains a software program licensed under the terms and conditions described in Exhibit A attached
hereto. To the extent that any provision of EULA conflict with the terms and conditions applied to the software
program, such terms and conditions shall prevail.
Exhibit A: License
# @(#)COPYRIGHT 8.2 (Berkeley) 3/21/94
All of the documentation and software included in the 4.4BSD and 4.4BSD-Lite Releases is copyrighted by The
Regents of the University of California.
Copyright 1979, 1980, 1983, 1986, 1988, 1989, 1991, 1992, 1993, 1994 The Regents of the University of California. All
rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the
following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following
disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
This product includes software developed by the University of California, Berkeley and its contributors.
4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Institute of Electrical and Electronics Engineers and the American National Standards Committee X3, on
Information Processing Systems have given us permission to reprint portions of their documentation.
In the following statement, the phrase "this text" refers to portions of the system documentation.
Portions of this text are reprinted and reproduced in electronic form in the second BSD Networking Software Release,
from IEEE Std 1003.1-1988, IEEE Standard Portable Operating System Interface for Computer Environments
(POSIX), copyright C 1988 by the Institute of Electrical and Electronics Engineers, Inc. In the event of any
discrepancy between these versions and the original IEEE Standard, the original IEEE Standard is the referee
document.
In the following statement, the phrase "This material" refers to portions of the system documentation.
This material is reproduced with permission from American National Standards Committee X3, on Information
Processing Systems. Computer and Business Equipment Manufacturers Association (CBEMA), 311 First St., NW,
Suite 500, Washington, DC 20001-2178. The developmental work of Programming Language C was completed by the
X3J11 Technical Committee.
The views and conclusions contained in the software and documentation are those of the authors and should not be
interpreted as representing official policies, either expressed or implied, of the Regents of the University of
California.
Copyright © 1989 Regents of the University of California. All rights reserved.
Redistribution and use in source and binary forms are permitted provided that the above copyright notice and this
paragraph are duplicated in all such forms and that any documentation, advertising materials, and other materials
related to such distribution and use acknowledge that the software was developed by the University of California,
Berkeley. The name of the University may not be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
Copyright (C) 1991-2, RSA Data Security, Inc. Created 1991. All rights reserved.
License to copy and use this software is granted provided that it is identified as the "RSA Data Security, Inc. MD5
Message-Digest Algorithm" in all material mentioning or referencing this software or this function.
License is also granted to make and use derivative works provided that such works are identified as "derived from
the RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing the derived
work.
RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the
suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of
any kind.
These notices must be retained in any copies of any part of this documentation and/or software.
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The
following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just
the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except
that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.If this package
is used in a product, Eric Young should be given attribution as the author of the parts of the library used.This can be
in the form of a textual message at program startup or in documentation (online or textual) provided with the
package.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the
following
conditions are met:
1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
"This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)" The word 'cryptographic'
can be left out if the rouines from the library being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you
must include an acknowledgement: "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright (c) 1999 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the
following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following
disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit.
(http://www.OpenSSL.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived
from this software without prior written permission. For written permission, please contact licensing@OpenSSL.org.
5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names
without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes
software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.OpenSSL.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL
PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
FUJITSU LIMITED