SOFTWARE LICENSE AGREEMENT

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS SOFTWARE (“SOFTWARE PRODUCT”). BY USING ANY FORM OF THIS SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE PRODUCT. NO CHANGE, AMENDMENT, AND MODIFICATION OF ANY PROVISION OF THIS AGREEMENT OR NO NEW LICENSE AGREEMENT SHALL BE VALID UNLESS IT IS AGREED UPON BY ACTIPHY, INC. (“ACTIPHY”) WITH ITS PRIOR WRITTEN CONSENT.
THIS SOFTWARE INCLUDES ACTIPHY RAPID DEPLOY, ACTIPHY RAPID DEPLOY PLUS AND IMAGECAST SERVER.

By loading the SOFTWARE PRODUCT into RAM, you shall be deemed to have used the SOFTWARE PRODUCT. There are four (4) license types for this SOFTWARE PRODUCT. Please confirm the details in your license certificate(s) or any other written forms.

1.1 DEPLOYMENT LICENSE (Apply to Actiphy Rapid Deploy)
You may use the DEPLOYMENT LICENSE to create USB Memory/USB-HDD boot environment media (Deployment USB Memory/USB-HDD) that is useful for recovery of system disks and for creating ImageCast Client media dedicated to boot ImageCast client on a target computer communicating with ImageCast Server. You may use the Deployment USB Memory/USB-HDD to create backup images of the computer's hard disks and deploy them to your other computers or the computers that you distribute or lease to third parties (“DEPLOYMENT”). The required licenses must equal or exceed the number of times you make the DEPLOYMENT as specified above.
If you need to make the DEPLOYMENT beyond the number of times permitted by the purchased licenses, ensure that you have purchased the additional licenses as required. The number of valid purchased licenses is stated on your licensing document.

1.2 DEPLOYMENT PLUS LICENSE (Apply to Actiphy Rapid Deploy Plus)
In addition to section 1.1 above, you may use the DEPLOYMENT PLUS LICENSE to create the licensed number of USB Memory/USB-HDD/optical disk with a dedicated recovery module (Restore USB Memory/USB-HDD) and deliver the USB Memory/USB-HDD/optical disk including the created backup images and the dedicated recovery module with the computers together.

1.3 Support Service Agreement for the subsequent year
As for both DEPLOYMENT LICENSE and DEPLOYMENT PLUS LICENSE with support service for the first year, you need to purchase as many licenses with free support service as the number of times you make the DEPLOYMENT for the first year, as stated in Article 1.1 above. By purchasing the number of support services equal to the purchased number of licenses for the subsequent year, the purchased and consumed licenses as of September before the expiration date of the support service agreement will be granted to you by ACTIPHY. ACTIPHY agrees that you may repeatedly use the same license to deploy the same machine. If you lost a license due to deployment failure, please contact ACTIPHY's Technical Support or Sales Dept.

1.4 EVALUATION LICENSE
In the event you obtained a trial or evaluation version of the SOFTWARE PRODUCT, it will come with an evaluation license that makes you do the DEPLOYMENT with certain restricted functions for internal, noncommercial purposes, solely to evaluate the suitability of the SOFTWARE PRODUCT for your needs. After the evaluation, to use the functions that are free from restrictions, as mentioned above, you should purchase a deployment license. If you do not purchase the deployment license, this AGREEMENT and all the rights in this AGREEMENT will terminate automatically. You have to destroy the SOFTWARE PRODUCT and the evaluation license that you have obtained.

1.5 NOT-FOR-RESALE (NFR) LICENSE
An NFR license permits you to use the SOFTWARE PRODUCT for promotional purposes. This license may not be copied, distributed, transferred, leased, or resold.

2.ImageCast Server
ImageCast Server can be used only to cast the master image file created using DEPLOYMENT LICENSE or DEPLOYMENT PLUS LICENSE only to the target computer of the same model. There is no limitation to the number of times program installation is allowed.

2.1
You may cast the master image file for the number of times defined in Sections 1.1 and 1.3 of this license agreement.

3. GENERAL LICENSE RESTRICTIONS:
You agree to the licensing restrictions as follows.
2.1 You may not sell, lease, license, sub-license, or otherwise trade the SOFTWARE PRODUCT and the related documents.
2.2 You may not lend, lease, grant a security interest, or transfer any other privilege or ownership of the SOFTWARE PRODUCT or its copies.
2.3 You may not decompile, disassemble, or reverse engineer the SOFTWARE PRODUCT.

4. COPYRIGHT:
All titles, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by ACTIPHY and protected by Japanese and international copyright laws. You may not copy or disclose any part of the SOFTWARE PRODUCT unless otherwise expressly outlined in this AGREEMENT. You agree to supervise the authorized user's operation or use of the SOFTWARE PRODUCT under all the terms and conditions of this AGREEMENT.

5. LIMITATION OF LIABILITY AND NO WARRANTIES:
ACTIPHY expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and the accompanying files are provided 'As Is' without any express or implied warranty of any kind, regardless of laws and regulations, including but not limited to any warranties of rights, fitness for a particular purpose, or non-infringement. Any information contained in advertising media or packaging of the SOFTWARE PRODUCT is provided for descriptive purposes only, and ACTIPHY makes no warranties, representations, or agreements based on the information therein. Your legal rights are stipulated in this AGREEMENT and LIMITATION OF LIABILITY only.
In no event does ACTIPHY warrant or make any representation that the SOFTWARE PRODUCT will meet your requirements and that the operation of the SOFTWARE PRODUCT will be safely uninterrupted or error-free. The system environment where the SOFTWARE PRODUCT is used (including, without limitation, hard disk drives, hard disk configuration on individual computers, installed software, and OSes on which software is installed) may change. ACTIPHY does not warrant or make any representation regarding the results obtained from the use of the SOFTWARE PRODUCT, the accuracy or reliability of any information obtained from the SOFTWARE PRODUCT, or the possibility of correction of defects of the SOFTWARE PRODUCT.
To ensure that you properly perform data processing and backup procedures, you must conduct exhaustive tests on the SOFTWARE PRODUCT by using non-critical data. You assume the entire risk in installing and running software on individual devices or in judging individual objectives for running the SOFTWARE PRODUCT on individual devices. Under no circumstances, including negligence, shall ACTIPHY be liable to you under this AGREEMENT for any special, incidental, consequential, or indirect damages (including data loss, business interruption, loss of business profit, asset loss, and the like) arising out of the installation or the use of the SOFTWARE PRODUCT even if ACTIPHY has been advised of the possibility of such damages. In no event shall ACTIPHY accept claims for such damages from other individual persons or groups. This LIMITATION OF LIABILITY shall be applied regardless of whether the limited remedy's basic objectives are achieved. In no event shall ACTIPHY's total liability to you based on this AGREEMENT exceed the amount paid by you for a license fee of the SOFTWARE PRODUCT for one year until said liability has accrued.

6. GOVERNING LAW:
This Agreement and all disputes arising out of or relating to it or its subject matter will be governed by the laws of Japan.

7. EXPORT RESTRICTIONS:
You agree that the SOFTWARE PRODUCT is subject to the United States and Japan software export regulations. You agree that it is your responsibility to comply with any international laws and regulations (including, but not limited to, the Export Administration Regulations of the United States and restrictions for you, for the use of the SOFTWARE PRODUCT by you, for importing countries, imposed by the United States, Japan, and other governmental organizations).

8. CONTACT INFORMATION:
Should you have any questions concerning this AGREEMENT, please feel free to contact us at:
Website: www.actiphy.com
Office Address: Actiphy, Inc.
8 Kanda-Konya'cho, Chiyoda-ku, Tokyo 101-0035

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