 END USER LICENSE AGREEMENT FOR XIINO ™ SOFTWARE

 Before using the following software and related software (hereinafter referred to as "Software"), please read the following 
documentation carefully.

 Xiino 3.4E

 Software and incorporated software in Software are protected by the Copyright Law, other intellectual property laws and 
international treaties. MOBIRUS™ Inc. (hereinafter referred to as "MOBIRUS") holds and owns the copyright and the right to 
license Software.  Software includes third party's (hereinafter referred to as "Vendor") software that MOBIRUS has 
legitimately been granted a license to use.
 The Software is licensed, not sold to you as long as you comply with the terms and conditions set forth in this Agreement.  
 Please note that you are not permitted to use Software if you don't agree to any and all provisions of this Agreement.

1. GRANT OF LICENSE
 MOBIRUS grants the right to use Software, in accordance to the provisions under this Agreement, to the first user who 
installs Software on a Personal Digital Assistant (hereinafter referred to as "PDA") or to the first user of the PDA on which 
Software is pre-installed.

2. RESTRICTIONS
2.1  
 You may install and use Software on only one PDA for ordinary use and in the form of object code. 
2.2  
 You shall not make copies of Software in either electronic or hardware form except for initial installation on PDA, loading 
into temporary memory or peripheral devices for ordinary use, or making backup copies. You shall not install on two or more 
PDAs at the same time.  
2.3  
 You shall not modify, translate or merge Software, analyze it by reverse engineering, decompile, disassemble, or create 
derivative works in any form or by any means from the object code of Software. 
2.4  
 This license Agreement does not permit the use of MOBIRUS's trademark or service mark; therefore you may not remove, change or
obscure MOBIRUS's indication or notice of copyright, trademark, or other proprietary rights.

3. OTHER RIGHTS GRANTED  
 You are not granted any patent, copyright, trademark, or other proprietary rights in whole or in part that MOBIRUS owns on 
Software, and shall not lease, transfer, distribute (including transmission through the Internet or other networks, and also 
recording on the servers connected to the networks to make such transmission possible), or sublicense Software to a third party.

4. TRANSFER OF LICENSE  
4.1 
 You may transfer the right to use Software to a third party by assigning any and all rights and obligations under this 
Agreement and 1) transferring in whole all types of medium, all copies in any form and documentations, or 2) transferring them 
in part and completely destroying whatever was not transferred whether tangible or electrical.  However, you agree and certify 
that Software will not be exported except as authorized and as permitted by the laws and regulations of the United States and 
other country in which you obtained Software and to which you intend to export and/or import the Software.  The same rule shall
apply to the next third party who is in line to receive the transferred right.
4.2 
 In no way shall the copyright notice be changed or removed from Software and documentation be transferred. 
4.3 
 If any condition in this Article is not fulfilled, the transfer of the right shall not be in effect. 

5. TERM OF LICENSE  
 Your first use of any part of Software shall be regarded as your acceptance of the terms and conditions under this Agreement 
and shall validate it at the same time.

6. YOUR PERSONAL DATA
  You shall confirm and agree that MOBIRUS may access to your personal data you have provided and registered to the Web site 
from which you have downloaded the Software (hereinafter referred to as "Web site") to the extent of being necessary for 
MOBIRUS to provide you some kinds of services related to the Software.  Web site may disclose such information to MOBIRUS and 
MOBIRUS may register it as its "Customer Information".  Based on registered Customer Information, MOBIRUS may provide you 
support service and/or any other services specified by MOBIRUS.  You may request to confirm, revise or delete your personal 
data registered to MOBIRUS, subject to proving your identification.  

7. LIMITED WARRANTY ON PAID-UP SOFTWARE
 MOBIRUS's warranty and liability on the Software you have paid up for shall be as follows:
7.1
 MOBIRUS warrants that for a period of ninety (90) days from the date of delivery of the licensed Software, it will replace or 
repair within its discretion, the media and related documentations provided by MOBIRUS , if there are any defects on them.
 THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED 
WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.2
 THIS SOFTWARE DOES NOT HOLD DURABILITY AGAINST PHYSICAL INCIDENTS OR MECHANICAL FAILURE AND IS NOT INTENDED FOR USE IN HIGHLY 
STABLE AND SECURE ENVIRONMENTS.  MOBIRUS OR VENDOR DOES NOT WARRANT THAT; SOFTWARE WILL MEET EACH USER'S REQUIREMENTS; SOFTWARE
INSTALLED ON PDA WILL WORK COMPLETELY WITH OTHER INSTALLED SOFTWARE ON SUCH PDA; OPERATION OF SOFTWARE WILL BE UNINTERRUPTED; 
DURING CONNECTION WITH THE INTERNET OR OTHER NETWORKS, SOFTWARE WILL BE ERROR-FREE AND WILL NOT DAMAGE HARDWARE, SOFTWARE, AND 
DATA CONNECTED WITH SUCH NETWORKS; OR SOFTWARE WILL NOT EFFECT YOUR OR THIRD PARTY'S ELECTRONIC INFORMATION IN ANY WAY.
7.3
 IN NO EVENT SHALL MOBIRUS NOR VENDOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION/DATA, OR ANY 
OTHER PECUNIARY LOSS ARISING OUT OF THE DISTRIBUTION, INSTALLATION, MAINTENANCE, USE OR INABILITY TO USE INCLUDING THE 
INTERRUPTION OF SOFTWARE IMPLEMENTATION RELATED TO THIS AGREEMENT.   IN NO EVENT SHALL MOBIRUS'S NOR VENDOR'S TOTAL LIABILITY 
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT OF LICENSE FEE
PAID BY YOU FOR THE SOFTWARE, PROVIDED THAT SUCH LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IF THE DAMAGES, LOSSES OR CAUSES 
OF ACTION WHICH ARE CAUSED BY INTENTIONAL ACT OR GROSS NEGLIGENCE OF MOBIRUS OR VENDOR. 
7.4
 MOBIRUS or Web site may provide you some additional free services including information transmission service through MOBIRUS 
the server managed by MOBIRUS or Web site.  IN THIS CASE, MOBIRUS AND/OR WEB SITE SHALL NOT WARRANT ANYTHING RELATED TO SUCH 
SERVICES AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR LOSS OF PROFITS, CAUSED BY
OR RELATED TO THE SERVICES, PROVIDED THAT THE DAMAGES OR LOSSES ARE NOT CAUSED BY INTENTIONAL ACT OR GROSS NEGLIGENCE OF 
MOBIRUS OR WEB SITE.
 
8. LIMITED WARRANTY DURING TRIAL USE TERM 
 MOBIRUS's warranty and liability during the trial use term of the Software shall be as follows:
8.1 
 User support by MOBIRUS shall not be available.
8.2
 MOBIRUS SHALL NOT WARRANT ANYTHING RELATED TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED.
8.3
 IN NO EVENT SHALL MOBIRUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR DAMAGES FOR LOSS OF 
BUSINESS PROFITS ARISING OUT OF THE DISTRIBUTION, INSTALLATION, MAINTENANCE, USE OR INABILITY TO USE INCLUDING INTERRUPTION OF 
SOFTWARE IMPLEMENTATION OR RELATED TO THIS AGREEMENT, PROVIDED THAT THE DAMAGES OR LOSSES ARE NOT CAUSED BY INTENTIONAL ACT OR
GROSS NEGLIGENCE OF MOBIRUS. 
8.4
 MOBIRUS or Web site may provide you some additional free services including information transmission service through the 
MOBIRUS server managed by MOBIRUS or WEB Site.  IN THIS CASE, MOBIRUS AND/OR WEB SITE SHALL NOT WARRANT ANYTHING RELATED TO 
SUCH SERVICES AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR LOSS OF BUSINESS 
PROFIT CAUSED BY OR RELATED TO THE SERVICES, PROVIDED THAT THE DAMAGES OR LOSSES ARE NOT CAUSED BY INTENTIONAL ACT OR GROSS 
NEGLIGENCE OF MOBIRUS OR WEB SITE.

9. TERMINATION OF LICENSE  
9.1
 This Agreement and your rights hereunder shall automatically terminate if and when you 1) fail to comply with any provision of
this Agreement, 2) transfer the right to use Software to a third party according to this Agreement, or 3) destroy Software and 
all its copies and related documentation. 
Upon termination, you shall cease any and all use of Software and destroy all copies including written documentation and 
modified copies, if any.  
9.2  
 MOBIRUS may provide you free upgrade version of the Software (miner change version having the same integer version number as 
the original version) subject to your registration to MOBIRUS.  In this case your license on the old version of the Software 
will terminate at the time when you agree END USER LICENSE AGREEMENT for upgrade version by way of acquiring and commencing the
use of it.  After that you shall not use or transfer the old version and you shall destroy any and all old version and its 
manual. 
10. RIGHTS AGAINST INFRINGEMENT
 In the event you are reasonably assumed to have infringed any provision under this Agreement, MOBIRUS shall reserve the right 
to 1) make an on-site-search of the premises, where you are reasonably assumed to hold any media or copies of Software, to find
any facts related to the infringement, and 2) browse, make copies and/or take photos of the related materials.
 On finding the fact of your infringement, MOBIRUS shall have the right to prohibit your use of Software and claim the 
indemnity for any direct or indirect damages incurred by the infringement.
 MOBIRUS shall not be liable for any property or psychological damages to you resulting from the search, even if your 
infringement is not found.

11. GOVERNING LAW AND PRIMARY COURT
 This Agreement shall be governed and construed in accordance with Japanese laws. MOBIRUS and you submit to the non-exclusive 
jurisdiction of the Tokyo District Court in Japan with respect to all dispute arising from the interpretation and performance 
of this Agreement, wherever the parties' venues or places of disputes are located and regardless to the amount in dispute.
 Each party hereby agrees to waive its right to demand a jury trial for any cause of action.
 
12. AMENDMENT
 MOBIRUS may notify you the amendment of this Agreement by sending E-mail or any other appropriate means.  In such case, the 
offered amendment shall be regarded as accepted by you unless you make any objection in writing no later than fourteen (14) 
days after receipt of MOBIRUS's notification. 

13. SERVERABILITY
 Should any provision of this Agreement be or become illegal, invalid or unenforceable, the legality, validity, and 
enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

14. ENTIRE AGREEMENT
 This Agreement is the entire Agreement to date between you and MOBIRUS, and supersedes any such prior written or oral 
agreement regarding Software. 

15 US GOVERNMENT RESTRICTED RIGHTS
 If Software is acquired under the terms of a proposal or agreement with the United States Government or any contractor 
thereof, Software is subject to the following: (a) For acquisition by or on behalf of civilian agencies, as necessary to obtain
protection as "commercial computer software" and related documentation in accordance with the terms of this Commercial Software
Agreement as specified in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors; (b) For acquisition by or
on behalf of units of the Department of Defense ("DOD") as necessary to obtain protection as "commercial computer software" and
 related documentation in accordance with the terms of this commercial computer software license as specified 
in 48 C.F.R. 227-7202-2 of the DOD F.A.R. Supplement and its successors.

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