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THIS NOTICE IS A LEGAL AGREEMENT BETWEEN YOU AND ADVANTEST CORPORATION ("ADVANTEST"). PLEASE READ THIS NOTICE CAREFULLY BEFORE USING THE SOFTWARE OR ANY RELATED DOCUMENTATION BEING PROVIDED TO YOU BY ADVANTEST (COLLECTIVELY, THE "SOFTWARE"). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE SOFTWARE, YOU ARE BECOMING A PARTY TO THIS LEGAL AGREEMENT AND ARE AGREEING TO BE BOUND BY ALL OF THIS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS NOTICE, YOU MAY NOT INSTALL, COPY AND/OR USE THE LICENSED SOFTWARE.

1. Permitted Use

   1. The Software is being provided to you on a free of charge basis and is licensed to you by Advantest for use only on the terms set forth in this Notice. Advantest is and shall remain the sole owner of all right, title and interest in and to the Software (and all intellectual property rights therein), and all rights not expressly granted to you in this Notice are reserved by Advantest.
   2. You may use the Software solely for your own use with Advantest products that you own. You may copy the Software, solely to the extent necessary to use the Advantest products that you own. You may also make one copy of the Software solely for archival or backup purposes. You must reproduce all trademark, copyright and restricted rights notices included in the Software in any copies you make.

2. Restrictions

   1. You may not use or copy the Software except as expressly permitted by this Notice. You may not rent, lease, lend, grant a security interest in, redistribute or sublicense the Software.
   2. You may not, and may not permit other parties to: (i) decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable forms such as source code, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, or (ii) modify, adapt, translate or create derivative works based upon the Software.

3. Disclaimer

   YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND ADVANTEST HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

4. Limitation of Liability

   TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADVANTEST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THIS NOTICE OR THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) OR THE FORM OF ACTION AND EVEN IF ADVANTEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN ADDITION, IN NO EVENT SHALL ADVANTEST'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE EXCEED THE GREATER OF ONE UNITED STATES DOLLAR (US$1.00) OR THE MINIMUM AMOUNT PERMISSIBLE UNDER APPLICABLE LAW.

5. Indemnity

   You agree to defend at your expense, indemnify and hold Advantest harmless from and against any and all losses, costs and damages resulting from or in connection with any claim or action by a third party resulting from or in connection with your use of the Software.

6. Update

   Advantest reserves the right to modify or update the Software or terminate the service to provide the Software at any time.

7. Term

   This Notice is effective upon your acceptance and remains in effect until terminated. You may terminate this Notice by destroying the Software including any and all copies thereof. This Notice shall also terminate if you fail to comply with any terms hereof. Upon termination of this Notice, in addition to Advantest enforcing its respective legal rights, you must then promptly destroy the Software including any and all copies thereof.

8. U.S. Government Restricted Rights Notice

   The Software is "commercial computer software" and is provided with restricted rights. Use, duplication, or disclosure by the United States government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7201 through 227.7202-4, FAR 12.212, FAR 27.405(b)(2), FAR 52.227-19, or FAR 52.227-14(ALT III), or successor provisions, as applicable.

9. Export Control

   The Software maybe subject to export control laws, including the U.S. Export Administration Regulations and other export laws and regulations of other countries. You agree to comply with all export laws, restrictions, national security controls and regulations of the United States or other applicable foreign agency or authority, at your sole expense, and shall not export or re-export the Software or any copy or adaptation of the foregoing in violation of any such restrictions, laws or regulations, or in violation of the embargo provisions of the U.S. Export Administration Regulations (or any successor regulations or supplement), except in compliance with, and with all licenses and approvals required under, applicable export laws and regulations, including without limitation, those of the U.S. Department of Commerce's Denied Persons List, the U.S. Department of Treasury's Specially Designated Nationals list or other government list prohibiting You from receiving the Software.

10. Governing Law

    This Notice is made under and shall be governed by and construed in accordance with the laws of Japan, without giving effect to its conflicts of law rules. If any provision of this Notice is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Notice shall remain in effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity. Any claim or action arising from or relating to this Notice shall be submitted to the exclusive jurisdiction of Tokyo District Court.

11. Language

    The governing language of this Notice shall be English. If translation is made for reference purpose, only the English original shall have the effect of this Notice and such translation shall have no effect.