FLIP ROSE Ver. 7 Series Academic Discount Version

END USER LICENSE AGREEMENT
Effective October 19, 2018
Last updated September 18, 2023
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING
THIS PRODUCT.
Notice to Customer - This End User License Agreement (this “Agreement”) is a legallybinding agreement by and between the General Incorporated Association FLIP Consortium(the “FLIP Consortium”) and the Customer who is duly recognized and qualified by the FLIP
Consortium to purchase and use FLIP ROSE Ver. 7 Series Academic Discount Version (the“Product”) defined in Article 1 (1).
The Customer hereby acknowledges its receipt, understanding, and acceptance of FLIPROSE ver.7 Series Academic Discount Version General Terms and Conditions (the “GeneralTerms and Conditions”) separately prescribed and by this reference made a part of thisAgreement.
The Product shall be made available to the Customer by downloading the software from theSupport Member Website defined in Article 1 (7).
The Customer shall be deemed to have accepted and be bound by the terms, covenants,and conditions of this Agreement when the Customer has either (i) opened the package andbroken the seal of the USB-type Protection Dongle Key for the Product (the “Protection Key”)
delivered to the Customer by the FLIP Consortium, or (ii) opened the envelope of theNotification which indicates the Log-in ID and Password to the Support Member Website (the“ID/PW Notification”) delivered by the FLIP Consortium.
If the Customer does not agree to be bound by the terms, covenants, and conditions of thisAgreement, then the Customer should promptly return to the FLIP Consortium i) the ID/PW
Notification, and ii) the separately delivered Protection Key, both unopened, with the original
seal intact.
At all times herein, the Product and its related materials, parts, and components, shall beprotected by any and all acts, laws, regulations, rules and treaties, domestic or foreign,related to copyright or other intellectual property rights to the fullest extent provided by law
or in equity.
In this Agreement the FLIP Consortium desires to grant to the Customer and the Customer
desires to accept from the FLIP Consortium the right to use the Product in accordance withthe terms and conditions of this Agreement and the General Terms and Conditions. All right,title, and interest, including, without limitation, all copyrights and intellectual property rights inand to the Product, except for the Protection Key, shall remain and belong to “National
Research and Development Agency, National Institute of Maritime, Port and Aviation
Technology”, “General Incorporated Foundation Coastal Development Institute ofTechnology”, “Susumu Iai”, “Kyohei Ueda” and the “FLIP Consortium”. Notwithstanding
anything to the contrary contained in this Agreement, no right, title, or interest shall be
conferred upon, granted to, or reserved by the Customer, other than those particular rights
or interests specifically conferred to the Customer by this Agreement. Any third-party
materials or programs included with the Product and subject to existing copyright or otherintellectual property rights protection shall not be bound by the terms and conditions of thisAgreement.
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Article 1 Definitions(1) The “Customer” shall mean a juridical person, entity, organization, teacher, researcher orstudent at an education institution or public research institution, within or outside of Japan,
who has been duly recognized and qualified by the FLIP Consortium to use the Product as
described and set forth in this Agreement and the General Terms and Conditions.
(2) The “Product” shall mean the “FLIP ROSE Ver. 7 Series Academic Discount Version”
including any and all computer programs, Software (as later defined), manuals and related
documentation or portions thereof, which can be obtained from the Support Member Website,in electronic or downloadable form, in any media whatsoever, and any related updates which
may be provided from time to time by the FLIP Consortium, and the Protection Key,(3) “Software” shall mean any computer programs which can be obtained from the Support
Member Website in connection with the Product and any updates provided from time to timeby the FLIP Consortium.
(4) “Use” of the Product shall mean the not for-profit, non-commercial use of the Product by
the Customer for academic study or for education purposes only and, also meaning, theCustomer loads, installs, and runs the Product on Customer’s computer or similar device.

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(5) The “Protection Key” shall mean the USB-type software security and license enforcement
protection key. The Protection Key, with FLIP Consortium software license and otherproprietary information embedded, enables the Customer to run the Product as a computer
program on the Customer’s computer or similar device.
(6) The “Support Service” shall mean the support service provided to the Customer by theFLIP Consortium as defined in the FLIP ROSE Ver.7 Series Support Service Agreement (the“Support Service Agreement”) separately prescribed, executed, and by this reference madea part of this Agreement.
(7) The “Support Member Website” shall refer to the website created, maintained, andprovided by the FLIP Consortium and further described in the Support Service Agreement.
(8) The “Valid Download Period” shall mean the period referred to and defined in the GeneralTerms and Conditions.
(9) This “Agreement” shall mean a legally binding agreement by and between the FLIP
Consortium and the Customer set forth herewith.
Article 2 Grant of License
Subject to the terms and conditions of this Agreement and acceptance of the General Terms
and Conditions by the Customer, the FLIP Consortium hereby grants to the Customer andthe Customer hereby accepts from the FLIP Consortium, a limited, non-exclusive, nontransferable, worldwide license to use the Product in accordance with the terms, covenants,and conditions of this Agreement (the “License”);This License is granted based upon and subject to the following conditions:(1) The Customer may use the Product on one (1) computer or similar device, running theMicrosoft® Windows® operating system, per single grant of License;(2) The Customer may purchase and use the Product for academic study or for education
purposes only. Notwithstanding anything to the contrary contained in this Agreement, theProduct shall not be used for any kind of for-profit or commercial uses or activities or in
exchange for a fee or compensation of any kind whatsoever;(3) The Customer who purchased this Product as an individual may continue to use theProduct without interruption on the Customer’s own computer or similar device after
retirement or graduation from the education institution or public research institution; however,at all times, the Customer shall use the Product within the terms of this Agreement and shallnot use the Product for any kind of for-profit or commercial purposes or projects or inexchange for a fee or compensation of any kind whatsoever; and(4) The Customer is not permitted to sell, re-sell, lend, lease, let, or assign the right to use
the Product to any third-party for any reason whatsoever.

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(5) The license shall terminate in the following cases:
1) In the event of death or dissolution of the customer;
2) In the event that any of the following events occurs for juridical person, entity ororganization customers of educational institution or public research institution.
a. when the customer has become a disappearing company in merger, a
discontinued organization in reorganization or integration, or a wholly owned
subsidiary company in share exchange or share transfer;b. when all or a part of the right of membership of this association is to besucceeded by a third party due to corporate divestiture, reorganization orintegration, or business transfer; orc. when the FLIP consortium determines that there has been a significant change
in effective controlling interest or business environment due to changes of thedirectors and other reasons.
Article 3 Restrictions(1) The Customer shall not duplicate, copy, assign, distribute, or sell all or any part of theProduct.
(2) The Customer shall not modify or alter the Product, in any manner, for any purpose orreason whatsoever.
(3) The Customer shall not and shall not attempt to, reverse engineer, decompile, ordisassemble all or any part of the Product for any purpose or reason whatsoever.
(4) The Customer shall not commit any act that infringes upon the rights of the FLIP
Consortium or any third-party, including, but not limited to, copyrights, patent rights, or otherintellectual property rights.
(5) The Customer shall not re-sell this Product as a used good. This License to use theProduct is granted only to the Customer who has purchased the Product. The Customer
shall not sublicense, lend, assign, or pledge all or any part of the License granted to theCustomer in accordance with the terms and conditions of this Agreement to any third-partyfor any reason whatsoever.
(6) The Customer shall be permitted to use this Product only within the country or regionequivalent (as adopted by the Olympic Games) where the Customer resided at the time ofpurchase or where the institution which the Customer belongs to exists.
(7) The Customer as an education institution or public research institution can use theProduct within the education institution or public research institution, excluding affiliatedorganization, related organization, group entities of the Customer.

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Article 4 Term of this Agreement; Perpetual Grant of LicenseThis Agreement shall become effective on the earlier date of either of the following: i) theCustomer opens the Product packaging and breaks the original seal of the Protection Key ofthe Product, or ii) the Customer opens the envelope of the ID/PW Notification. This grant ofLicense to the Customer shall be perpetual, unless otherwise terminated in accordance withthe terms and conditions of this Agreement.
Article 5 Termination of this Agreement(1) In the event of any breach of this Agreement or the General Terms and Conditions bythe Customer, the FLIP Consortium, in its sole and absolute discretion, may terminate thisAgreement immediately without any notice to the Customer and without any consent of theCustomer being required.
(2) Once this Agreement is terminated for any reason whatsoever, the Customer shall berequired and obligated to stop use of the Product immediately, and return to the FLIP
Consortium or dispose of any and all related Product materials and components.
(3) In the event this Agreement is terminated for any reason within the Valid Download
Period, the Customer hereby acknowledges and agrees that the FLIP Consortium may
immediately disable the Customer’s Log-in ID and Password to the Support Member
Website.
Article 6 Revisions on Product(1) The FLIP Consortium hereby reserves the right, in its sole and absolute discretion, torevise, amend, or alter the Product, in any manner, at any time, without any obligation to
notify the Customer and without any consent of the Customer being required.
(2) The FLIP Consortium, in its sole discretion and option, may from time to time provide toCustomers who register for the Support Service Agreement, updates to the Product,including bug fixes, or upgrades to the Product, including additions, modifications, andimprovements to function and capability. The Customer hereby acknowledges and agrees
there may be a time lag in releasing the Product updates or the upgraded program in theEnglish version and the related manuals in English, from the time of release of the same
updates and materials in the Japanese version of the Product.
Article 7 Limited Warranties and Disclaimer; Limitation of Damages(1) The Product is provided and sold “AS IS” without warranty of any kind, expressed orimplied, as to its performance, accuracy, or competence. The FLIP Consortium hereby
disclaims any warranties of any nature, expressed or implied, including, but not limited to,Page 5 of 8

non-infringement of third-party rights, quality, performance, merchantability or fitness for aparticular purpose.
(2) The FLIP Consortium shall not be liable for any damages of any kind whatsoever, direct
or indirect, actual or implied, suffered by the Customer or any third-party caused by, resultingfrom, or associated with the use of the Product.
(3) The FLIP Consortium shall not be liable for any damages of any kind whatsoever, direct
or indirect, actual or implied, suffered by the Customer’s inability to use the Product.
(4) Notwithstanding anything to the contrary contained this Agreement, in no event shall theFLIP Consortium be liable for any direct, indirect, special, punitive, incidental orconsequential damages or losses, including any and all damages or losses to the Customer
or to any third-party caused by or in connection with the use of the Product. In the eventthat the FLIP Consortium is held liable for damages suffered by the Customer under thisAgreement, such damages to be paid by the FLIP Consortium shall not exceed theequivalent amounts actually paid by the Customer to the FLIP Consortium, in total, inconnection with the Product. The FLIP Consortium disclaims any and all liability as to any
complaints and claims for damages by third-parties.
Article 8 Product Handling and Care; Breakage; Log-in ID and Password(1) The Customer shall use its best efforts to pay attention to the proper care, handling, use,and maintenance of the Product and the Log-in ID and Password to the Support MemberWebsite.
(2) In the event the Protection Key is no longer functional due to damage or breakage
caused by the Customer’s negligence or improper care and handling of the Protection Key
following the period for free replacement as set forth in Article 7 (3) of the General Termsand Conditions (the “Free Replacement Period”), the FLIP Consortium will exchange thedamaged Protection Key for a fee, as determined by the FLIP Consortium in its sole andabsolute discretion, (i) within five (5) years from the purchase of the Product, or (ii) within
the Support Contract Period set forth in the Support Service Agreement. In such case, theCustomer shall pay the shipping costs for return delivery of the damaged or unusable
Protection Key to the FLIP Consortium and the shipping costs for replacement delivery of
the Protection Key to the Customer. ,(3) In the event the Protection Key is defective for reasons attributable to or caused by theFLIP Consortium and not caused by the Customer’s improper use, care, or handling, thenthe FLIP Consortium will exchange the defective Protection Key with a new Protection Key(i) within five (5) years from the purchase of the Product, or (ii) within the Support Contract
Period set forth in the Support Service Agreement, free of charge even after the FreePage 6 of 8

Replacement Period. In such case, the FLIP Consortium shall bear the shipping costs for
return delivery of the defective Protection Key to the FLIP Consortium and the shipping
costs for replacement delivery of the Protection Key to the Customer.
(4) Notwithstanding anything to the contrary contained herein, in the event the Protection
Key is not available for return to the FLIP Consortium for inspection after the Protection Key
was delivered to the Customer, then these provisions regarding replacement by the FLIP
Consortium shall not apply and replacement of the Protection Key shall not be available tothe Customer, regardless of the cause of any damage, failure, loss, or theft.
(5) The terms and provisions regarding loss or misplacement of the Log-in ID and Password
to the Support Member Website are separately prescribed and set forth in the Support
Service Agreement.
(6) In the event the Product is no longer functional due to malfunction or breakage of theCustomer’s computer or similar device in which the Product is installed, the FLIP
Consortium shall not be liable for replacement of the Product, except for the Protection Key,
which shall be replaced pursuant to the provisions regarding replacement herein. In theevent, however, such described non-functionality occurs (i) within the Support Contract
Period set forth in the Support Service Agreement or (ii) within the Valid Download Period
prescribed and set forth in the General Terms and Conditions, the Customer may redownload and re-install the Product and its related materials, from the Support MemberWebsite.
Article 9 Product Revisions; Agreement Revisions(1) The FLIP Consortium may revise this Agreement when it is recognized that there is achange in circumstances or other reasonable grounds with respect to the Agreement. WhenThe FLIP consortium intends to revise the Agreement, the intention of revision will be
notified to the Customer by E-mail or written documents and announced to the publicthrough the Internet or other reasonable methods.
(2) The revisions described in the preceding item shall be effective on the day when areasonable period of a month or longer has elapsed, the period of which will be specified in
the prior notification and publication.
Article 10 Conditions; General Agreement Provisions
If any provision of this Agreement is declared invalid or unenforceable by any lawful tribunal,
the remaining provisions of this Agreement shall remain in full force and effect to the greatest
extent permissible by law or in equity.

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Article 11 Compensation of Damages; Governing Law; Jurisdiction and Venue(1) If the FLIP Consortium suffers or incurs any losses or damages due to the breach of anyof the provisions, terms, covenants, obligations, and conditions of this Agreement by theCustomer, the Customer shall be liable for any and all losses or damages, actual or implied,suffered by the FLIP Consortium.
(2) This Agreement shall be governed by and construed in accordance in all respects withthe laws of Japan, regardless of conflict of laws principles or the United Nations 1980
Convention on Contracts for the International Sale of Goods.
(3) The Kyoto District Court of Japan shall have exclusive jurisdiction over all disputes
arising out of or in connection with this Agreement.
【 TRADEMARK OF GENERAL INCORPORATED ASSOCIATION FLIP CONSORTIUM
RELATED TO THIS PRODUCT】
FLIP ROSE is registered trademark of General Incorporated Association FLIP Consortium inJapan and other countries.
【TRADEMARKS OF OTHER PARTIES RELATED TO THIS PRODUCT】
Intel and Intel Core are trademarks of Intel Corporation or its subsidiaries.
Microsoft and Windows are registered trademarks of Microsoft Corporation in the UnitedStates and other countries.
Sentinel is registered trademark of SafeNet, Inc. in the United States and other countries.

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