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NEC NEC Unified Solutions , Inc . <br /> 8 . NEC Software License <br /> UNLESS NEC REQUIRES A SEPARATE LICENSE AGREEMENT CONCERNING PARTICULAR <br /> SOFTWARE FOR USE WITH A PRODUCT, WHICH SEPARATE LICENSE SHALL BE AS <br /> OUTLINED AND ATTACHED HERETO , THE FOLLOWING LICENSE SHALL BE APPLICABLE TO <br /> SOFTWARE PROVIDED FOR USE WITH SUCH PRODUCT , IF ANY : <br /> a . NEC grants Customer a non -exclusive license to use Software provided under this Agreement <br /> ( including related documentation ) for the useful life of the Product(s ) solely to operate and maintain <br /> the Product( s ) purchased under this Agreement . NEC may immediately terminate such license , in <br /> the event that Customer, without NEC ' s prior written consent : <br /> ( i ) Discloses any portion of the Software to a third party ; ( ii ) Reverse compiles , disassembles <br />, <br /> modifies , adds to , deletes from or otherwise alters the Software in whole or in part; ( iii ) Sublicenses <br /> the Software ; ( iv) Transfers the Software to , or shares the use of the Software with , a third <br /> party <br /> ( other than for maintenance ) , except as provided in Section 3 c . below, or; (v) Uses the Software on a <br /> system or equipment other than that provided to Customer under this Agreement. <br /> b . In addition , this Software license will automatically terminate if NEC terminates this Agreement due <br /> to Customer' s default, as provided for in this Agreement. If this license is terminated , Customer will , <br /> at NEC 's option , either return the Software to NEC , or erase or destroy any Software and all copies <br /> and certify the same to NEC , if requested . <br /> c . Notwithstanding any other provision herein , Customer may not assign , sublicense or otherwise <br /> transfer Customer's rights or interest in this Software license , in whole or in part , except to a third <br /> party who has acquired the Products from Customer, and agrees to be bound by the terms of this <br /> license . COMPANY MUST FORWARD WRITTEN EVIDENCE OF THE ABOVE TO NEC AS A <br /> CONDITION TO ANY TRANSFER OF THE SOFTWARE LICENSE . EXCEPT AS PROVIDED <br /> ABOVE , THE ABOVE LICENSE IS NOT TRANSFERABLE TO ANY OTHER SYSTEM OR <br /> EQUIPMENT , EVEN IF MANUFACTURED OR PROVIDED BY NEC . UNDER NO <br /> CIRCUMSTANCES SHALL COMPANY ( OR , IF PERMITTED ABOVE , COMPANY' S TRANSFEREE ) <br /> ACQUIRE TITLE TO THE SOFTWARE , OR ANY RIGHT OR INTEREST TO THE SOFTWARE <br /> OTHER THAN AS SET FORTH ABOVE . <br /> NEC Unified Solutions , Inc . Proprietary and Confidential 6 of 32 <br /> 1001776 v . 1 9/6/2005 <br />