Copyright © 2002 NEC America Inc. All rights reserved.

"You" and "your" refers to the individual or entity that has ordered or downloaded the software from NEC America, Inc. or from any other source. "Software" refers to the software product and the software user’s guide.

The redistribution, use and modification in source or binary forms of the software is subject to the following conditions:

1. You may use the software for non-commercial purposes only, such as developing and prototyping your applications or for non-commercial personal use. You may not use the software in support of any commercial entity or activity, including deployment, without executing a separate commercial license from NEC America, Inc.

2. You may modify the software, provided that such modified software can only be used for the purposes as set forth above.

3. You may copy and distribute the software for the purposes as set forth above provided that:
a) the program markings and notice of our proprietary rights appear on all copies;
b) no charge is associated with the distribution of such copies; and
c) any distribution made by you hereunder is expressly made subject to an acknowledgment by you and the recipient of such distribution that NEC America, Inc. retains exclusive ownership of the software including all intellectual property rights therein, at all times.

4. You understand and agree that the software is not considered "Open Source" software.

5. The name of NEC America, Inc. or any of its affiliates shall not be used in any advertising or publicity pertaining to the use, modification or redistribution of this software without the prior express, written consent of NEC America, Inc.

6. THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, TRADE OR PRACTICE.

7. You agree and certify that the software will not be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the software has been rightfully obtained outside of the United States, you agree that you will not re-export the software, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the software.

8. You understand and agree that the software is being licensed hereunder solely for use in non-commercial applications and no claim shall be made that the software is subject to government contract or private consumer laws or regulations.

9. This Agreement shall be governed by the laws of the State of New York.

Last updated: 2/19/03

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