[ENGLISH TRANSLATION FOR REFERENCE PURPOSES ONLY] Rinza Public License Agreement Version 1.0 Effective Date: September 1, 2005 Nihon Unisys, Ltd. This Program is licensed under the terms of this Agreement. If Recipient uses, reproduces, modifies, displays, performs or distributes this Program, Recipient will be deemed to have accepted the terms and conditions of this Agreement. Article 1. Definitions of Terms 1. "Program" means the Original Program or the combination of the Original Program and Contribution(s). 2. "Original Program" means Rinza software (including source code, object code and documentation) to which Nihon Unisys, Ltd., the initial developer (hereinafter referred to as "Initial Developer"), has a copyright and which is released in the Tyzoh community according to the method prescribed therein. There are two types of Rinza software which are classified based on the timing of their release. (1) Initial Original Program The first release of Rinza software released according to the method prescribed in the Tyzoh community by Initial Developer. (2) Additional Original Program Rinza software related to the Initial Original Program which is released by Initial Developer in the Tyzoh community according to the method prescribed therein after the release of the Initial Original Program and is clearly designated by Initial Developer as part of the Original Program. 3. "Contributor" means each entity that makes a Contribution, including the Initial Developer with respect to its own Contribution(s). 4. "Contribution" means any Modifications made to this Program. 5. "Modifications" means any of the following: (1) Any addition, deletion or movement of any component of this Program; or (2) Any addition to, deletion of or movement of the contents of any component of this Program. 6. "Agreement" means this Rinza Public License Agreement. 7. "Recipient" means anyone who receives this Program under this Agreement, including any Contributor. 8. "Larger Work" means a work which combines this Program with other software and which does not constitute an Appropriation of the Contents of this Program. The software that is combined with this Program to create the Larger Work may be governed by terms and conditions that are different from the terms and conditions of this Agreement. 9. "Appropriation of the Contents of this Program" means any use of the contents of this Program, or any results thereof; provided, however, that the following shall not be deemed an Appropriation of the Contents of this Program. (1) Reference to code which is necessary to utilize the functionality of this Program Minimum references to code in this Program contained in (i) processing code which is necessary to call an API (application program interface) to utilize the functionality of this Program, or (ii) processing code which is necessary for reference of global variables; or (2) Reference to the contents of this Program in software documentation References in documentation for other software to code or documentation in this Program, with a clear indication that such code or documentation originates from this Program. 10. "Licensed Patents" means either of the following: (1) Patent claims which Initial Developer has the right to license to others and which are necessarily infringed by the use or sale of the Original Program alone or the Original Program as a part of this Program; or (2) Patent claims which a Contributor has the right to license to others and which are necessarily infringed by the use or sale of the Contribution(s) made by such Contributor alone or when combined with this Program. Article 2. Grant of License by Initial Developer 1. Subject to the terms of this Agreement, Initial Developer grants to Recipient a world-wide, royalty-free and non-exclusive license with respect to the Original Program and Initial Developer's Licensed Patents: (1) To use, reproduce, modify, display, perform and distribute the Original Program in source code and/or object code form; and (2) To use, distribute, provide for the purpose of distribution or otherwise dispose of the Original Program in source code and/or object code form based on Initial Developer's Licensed Patents. Provided, however, that if there are any limitations on this license due to any intellectual property rights or other rights owned by any third party, this license shall be subject to such limitations. 2. Section 2.1 shall not prejudice Initial Developer's right to charge Recipient for the actual cost of physical media which are necessary for the license to Recipient of the Original Program and Initial Developer's Licensed Patents. Article 3. Obligations of Contributor and Grant of License by Contributor 1. Each Contributor shall grant a license, in accordance with Section 3.2 herein, as to its own Contribution(s), to any third party who acknowledges and consents to the terms and conditions of this Agreement. 2. Subject to the terms of this Agreement, Contributor grants to Recipient a world-wide, royalty-free and non-exclusive license of its own Contribution(s) and its Licensed Patents: (1) To use, reproduce, modify, display, perform and distribute Contributor's own Contribution(s), in source code and/or object code form, as incorporated in this Program; and (2) To use, distribute, provide for the purpose of distribution or otherwise dispose of the Contributor's own Contribution(s) in source code and/or object code form, as incorporated in this Program, based on Contributor's Licensed Patents. Provided, however, that if there are any limitations on this license due to any intellectual property rights or other rights owned by any third party, this license shall be subject to such limitations. If the addition of a Contribution by a Contributor causes the combination of the Contribution and this Program to become subject to a Licensed Patent of the Contributor, then the above patent license shall apply to such combination of the Contribution and this Program but not to any other software combination that includes the Contribution. 3. Section 3.2 shall not prejudice Contributor's right to charge Recipient for the actual cost of physical media which are necessary for the license to Recipient of Contributor's own Contribution and Licensed Patents. 4. Contributor shall place in a conspicuous location, in each version of this Program which includes a Contribution made by the Contributor, language which includes, without any changes, the copyright notice contained in the file entitled gCOPYRIGHTh in this Program indicating the Initial Developer of the Original Program . Contributor shall not make any modifications to such file titled "COPYRIGHT" in this Program and shall include such file in each version of this Program which includes a Contribution made by the Contributor. 5. Contributor shall clearly identify itself as the entity which made the Contribution, in a manner that is easily noticeable by Recipient. 6. If Contributor distributes a version of this Program which includes its own Contribution in source code or object code form to any third party in accordance with Section 3.1, Contributor shall attach this Agreement thereto in a tangible form or in an electronic file. If Contributor distributes this Program only in object code form to a Recipient, Contributor shall make the source code of this Program available to such Recipient by any physical media ordinarily used for the transfer of software or by other reasonable method, with its fees not exceeding the actual cost of physical media which are necessary for such distribution, and shall clearly and conspicuously indicate the method for obtaining the source code. 7. Contributor shall be free to decide the name of any version of this Program which includes its own Contribution(s); provided, however, that such name shall include the word "Rinza", written as a single word and independent from the other parts of the name, so that such Program is clearly and objectively recognizable as Rinza Software. 8. Contributor shall not exercise any moral rights with respect to any version of this Program which includes its own Contribution(s). Article 4. Distribution by Recipient 1. Recipient may distribute this Program in source code or object code form to any third party, provided that: (1) Such third party acknowledges and accepts that it is bound by the terms and conditions of this Agreement when using this Program; (2) Recipient includes this Agreement in a tangible or electronic file form with this Program when this Program is distributed; and (3) Recipient does not make any changes to the file entitled "COPYRIGHT" in this Program and always includes such file in this Program when distributed. If this Program is distributed by Recipient in object code form only, such Recipient shall include with this Program a conspicuous notice that explains how to obtain the source code for this Program. 2. Any fee that Recipient may charge to such third party in connection with the distribution under Section 4.1 shall be limited to the actual cost of physical media which may be necessary for such distribution. Article 5. Larger Work 1. A creator of a Larger Work may distribute the Larger Work as a single product to third parties. In such cases, the terms and conditions of this Agreement shall apply to this Program as contained in the Larger Work. 2. If the creator of a Larger Work distributes the Larger Work to third parties, such creator shall take appropriate measures so as not to cause Initial Developer and Contributor(s) to incur any liability due to such distribution of the Larger Work in connection with the part of the Larger Work other than this Program (hereinafter referred to as the "Larger Work Specific Portion") or the combining of this Program with the Larger Work Specific Portion. If any claim for damages, lawsuit or other legal claim is asserted against Initial Developer and/or Contributor(s) by any third party relating to the Larger Work Specific Portion or the combining of this Program with the Larger Work Specific Portion, the creator of the Larger Work shall defend, indemnify, and hold harmless Initial Developer and/or Contributor(s) against such legal claim. 3. The creator of a Larger Work shall place a clear and easily-understandable notice in the Larger Work stating that the Larger Work is based on the Rinza software. Article 6. NO WARRANTY 1. THIS PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS THAT THIS PROGRAM IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. RECIPIENT IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING, REPRODUCING, MODIFYING, DISPLAYING, PERFORMING AND DISTRIBUTING THIS PROGRAM AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS). 2. NEITHER INITIAL DEVELOPER NOR CONTRIBUTOR(S) PROVIDES A WARRANTY TO RECIPIENT THAT THIS PROGRAM DOES NOT INFRINGE A THIRD PARTY'S PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY A GRANT OF LICENSE UNDER ARTICLE 2 AND ARTICLE 3. INITIAL DEVELOPER AND CONTRIBUTOR(S) DISCLAIM ANY LIABILITY TO RECIPIENT FOR ANY CLAIMS BROUGHT BY A THIRD PARTY AGAINST RECIPIENT DUE TO ANY INFRINGEMENT OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. Article 7. DISCLAIMER OF LIABILITY IN NO EVENT SHALL INITIAL DEVELOPER, ANY CONTRIBUTOR, OR ANY RECIPIENT WHO DISTRIBUTES THIS PROGRAM UNDER ARTICLE 4 HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFIT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, WILLFUL MISCONDUCT, NEGLIGENCE, GROSS NEGLIGENCE, TORT OR PRODUCT LIABILITY, ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THIS PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF THEY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Article 8. Prohibition of Limitation or Change of Recipient's Right Initial Developer, Contributor(s), creator(s) of Larger Works, and any Recipient who distributes this Program under Article 4 shall not offer to or impose on any Recipient any condition which may restrict or alter any rights granted to Recipient under this Agreement with respect to this Program. Article 9. Breach of this Agreement If Recipient breaches any of the provisions of this Agreement, all of such Recipient's rights granted under this Agreement shall automatically and immediately terminate without the need for any notice or opportunity to cure, and Recipient shall immediately cease to use, reproduce, modify, display, perform or distribute this Program. Article 10. Loss of Rights 1. If Recipient institutes patent litigation against Initial Developer or any Contributor with respect to Licensed Patents licensed by Initial Developer or Contributor(s) hereunder, or disputes the validity of any such Licensed Patents, then the license for such Licensed Patents granted by such Initial Developer or Contributor hereunder to such Recipient shall automatically terminate as of the date such litigation is filed or the proceeding disputing the validity of such right is officially commenced. 2. If Recipient institutes patent litigation against a third party, Initial Developer or any Contributor alleging that this Program itself (excluding combinations of this Program with other software or hardware) infringes such Recipient's patent, then such Recipient's rights granted under Article 2 and Article 3 shall automatically terminate as of the date such litigation is filed. Article 11. Governing Law This Agreement shall be governed by and interpreted under the laws of Japan. Article 12. Jurisdiction If any dispute arises in connection with this Agreement or this Program, the Tokyo District Court shall have exclusive original jurisdiction over such dispute. Article 13. Validity of this Agreement If any provision of this Agreement is held invalid or unenforceable by applicable law or judicial order, such holding shall not affect the validity or enforceability of the remaining terms of this Agreement which shall be enforced to the extent permitted by law. Article 14. Amendment of this Agreement Nihon Unisys, Ltd. shall have the exclusive right to amend this Agreement and no one other than Nihon Unisys, Ltd. may amend or modify the terms of this Agreement. Article 15. Original Version The Japanese version of this Agreement shall be deemed as the original version of this Agreement. Even if this Agreement is translated into another language, such translation shall not have any legal effect. This Agreement shall be interpreted and applied based only on the original Japanese version.