FV4000 Firmware LICENSE AGREEMENT

EVIDENT END-USER LICENSE AGREEMENT

IMPORTANT—CAREFULLY READ ALL THE TERMS AND CONDITIONS OF
THIS LICENSE AGREEMENT BELOW BEFORE USING THE SOFTWARE.

THIS IS A VALID AND LEGALLY ENFORECEABLE AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND EVIDENT CORPORATION. ("EVIDENT"). THE SOFTWARE INCLUDES EVIDENT'S COMPUTER PROGRAM, ASSOCIATED PRINTED MATERIALS, DATA AND INFORMATION, WHICH ARE PROVIDED BY A VARIOUS WAY, INCLUDING BUT NOT LIMITED TO PREINSTALLING THROUGH FLOPPY DISKS OR CD-ROM OR NETWORK.

BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

THE SOFTWARE MAY INCLUDE SOME PARTS LICENSED TO YOU BASED ON THE LICENSE AGREEMENTS OTHER THAN THIS AGREEMENT AND THE LICENSE AGREEMENTS FOR EVIDENT'S SOFTWARE PRODUCT. IN SUCH CASE, THE LICENSE AGREEMENTS OR TERMS FOR SUCH PARTS SHALL TAKE PRECEDENCE OVER THIS AGREEMENT AND THE LICENSE AGREEMENTS FOR EVIDENT's SOFTWARE PRODUCTS.

ARTICLE 1. SOFTWARE
All titles and rights to the Software are owned by EVIDENT and its licensors. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The name, version, and quantity of the licenses granted of the Software is as follows:
Name: FluoView_HardwareUpdate
Quantity of Licenses: 1

The Software may be modified or enhanced by EVIDENT or its licensors for debugging, upgrading, or any other purposes. The Software shall contain such modified or enhanced version of the Software to that originally acquired by you. You can only use either the previous version or the modified or enhanced version and cannot use both of the versions.

ARTICLE 2. CONDITIONS OF USE
If you obtain one (1) license;
(in case of stand-alone licenses);
the Software may be installed and used only on a single specific computer device,
(in case of server-client licenses);
the Software may be used through the internal network on a single server only by a single client at any single time (including the case of using the server as a client),
(in case of web application licenses);
the Software may be used only by a single client at any single time, and
(in case of other license environment)
the Software may be used by a single client or user, according to substantially the similar idea of the limitation of the number of users or clients outlined above, mutatis mutandis, at any single time.

The licenses granted hereunder shall be limited to the use of the Software at the system configuration authorized by EVIDENT prior to such use. Therefore, for example, if EVIDENT provides you with the Software only for the use on stand-alone basis, you cannot use the Software in any other system configurations, such as a server-client environment.

ARTICLE 3. TRANSFER
You may permanently transfer all of your rights under this Agreement only if the recipient agrees to the terms and conditions of this Agreement and you destroy and will not keep any copies of the Software in your possession.

ARTICLE 4. RESTRICTIONS
(1) You may not use the Software or any copy of the Software contrary to all terms and conditions in ARTICLE 2 and all other ARTICLES in this Agreement.

(2) You may not transform, adapt, modify, or make a derivative work from a whole or part of the Software without EVIDENT's prior written approval.

(3) You may not reproduce or distribute a whole or part of the Software without EVIDENT's prior written approval.

(4) You may not analyze, decompile, disassemble, derive information from, or otherwise reverse engineer the Software.

(5) You agree that the Software is subject to the export control laws and regulations of Japan, U.S.A., and other competent countries. You shall follow any such applicable export control laws and regulations of Japan, U.S.A., and other countries.

(6) You may not alter, erase, or deface any trademark, warning, copyright, and other notice on the Software.

ARTICLE 5. LIMITED WARRANTY
(1) EVIDENT warrants that any original master disk or back up media on which the Software is stored is free from substantial and physical errors or defects that will materially interfere with the operation or functions of the Software. EVIDENT's and its suppliers' entire liability and your exclusive remedy shall be replacement of the Software that does not meet the above limited warranty, provided that such Software shall be returned to EVIDENT or its suppliers with a copy of your receipt. EVIDENT's liability hereunder shall in no event exceed the amount paid for the Software by you under the terms and conditions of this Agreement.

(2) EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY SECTION ABOVE, THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.

(3) NEITHER EVIDENT NOR ITS SUPPLIERS SHALL BE HELD TO ANY LIABILITY FOR ANY DAMAGES SUFFERED OR INCURRED BY YOU OR ANY OTHER THIRD PARTY (INCLUDING BUT NOT LIMITED TO GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE.

ARTICLE 6. TERMINATION OF THE AGREEMENT
(1) Without prejudice to any other rights, EVIDENT may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement, provided that your obligations hereunder will survive the termination. In case of the termination of this Agreement, you must immediately cease to use the Software and destroy all of the Software and its copies.

(2) You can terminate this Agreement by ceasing the use of the Software, destroying all of the Software and its copies, and notifying EVIDENT of such termination, provided that your obligations hereunder will survive the termination.

ARTICLE 7. GOVERNING LAW AND VENUE
This Agreement shall be governed by, performed under, and construed in accordance with the laws of Japan, and with regard to any related legal action, you agree to exclusive jurisdiction and venue in courts in Tokyo, Japan.