Fsas Technologies Inc.
Software License Agreement for End Users

1. Subject of this Agreement
1.1. For the purposes of this agreement “Software” shall mean (i) the software with the object
code, the version and the specification indicated in the software product data sheet of Fsas
Technologies Inc.,Fujitsu Limited or one of their subsidiaries (collectively “Fsas Technologies”)
and (ii) Firmware.
“Firmware” shall mean a software program or set of instructions programmed on a hardware
device of Fsas Technologies or the update version of such program provided by Fsas
Technologies separately.

The Software consists of machine-readable instructions and/or printed documentation and
related licensed materials (“Documentation”).

1.2. Please read this agreement carefully before you use the Software. If you do not agree with the
license terms in this agreement, you are not permitted to use the Software and must
immediately return all copies of the Software and all accompanying items to the Licensor/Sub
licensor (either Fsas Technologies or the reseller who supplied you with the Software) with
proof of purchase for a full refund and in case of Firmware you are not permitted to use the
Firmware.

1.3. Any use of the Software requires the proper payment of the applicable license fees. By using
the Software you agree to be bound by the terms of this agreement.

1.4. Fsas Technologies reserves the right to implement at any time in the future an additional
software license key and/or license certificates as countermeasures against software piracy.

1.5. Software components from third-party software suppliers which are part of the scope of the
delivery are subject to separate license agreements that are included with the Software or that
are transmitted by Fsas Technologies upon request.

2. End User License
2.1. Fsas Technologies grants you a non-exclusive and non-transferable license to use the Software
on the number of workstations for which you have purchased licenses. Unless you purchase
additional licenses, you are not permitted to operate the Software on more than the maximum
number of licensed workstations or on hardware that exceeds the specified type.

You are permitted to make a backup copy of the Software for archiving purposes, provided you
properly mark the copy or partial copy of the Software with the copyright notice and any other
ownership information.

2.2. You are not permitted to copy, modify or distribute the Software. Furthermore, you are not
permitted to re-compile, re-engineer, convert, revise, compile or modify the Software. You
may not sub-license, without selling the related hardware, assign, rent, lease or transfer the
Software except as expressly permitted by this agreement or due to mandatory legal
regulations.

2.3. If you acquired the Software as a program upgrade, your license for the use of the old software
version ends automatically with the installation of the upgrade version of the Software. If parts
of the old software version are not replaced by the upgrade version, the license for the old
version continues to be effective until the remnants of the old software version are also
replaced or deactivated or shut down in any other way.

2.4. Unless specified otherwise in the respective software data sheet of Fsas Technologies, the
license for a software version or release does not give you any rights to new releases (updates),
new versions (upgrades) or technical support services for the Software. Supplemental
software support contracts and maintenance services, including or excluding new releases
and new versions and additional technical support services, can be purchased separately
either from Fsas Technologies directly or from authorized software resellers.

2.5. In case expressly permitted under the Documentation, you may embed the whole or part of
the Software into your software program in accordance with the terms and conditions
described in the Documentation.

3. Downloading
For Software supplied by Fsas Technologies over a network or a similar distribution path, the
following additional conditions shall apply:
All products supplied for downloading by Fsas Technologies are selected, made available and —
if supplied by third parties — provided without modification. However, you are fully responsible
for ensuring the most current version and usability of downloadable material for your own
purposes and on your own system. You download Software at your own risk. Fsas Technologies
will not accept any liability, particularly not for transmission errors or problems that arise
during the downloading process (line failures, connection interruptions, server failures, data
corruption, etc.).

The website of Fsas Technologies is operated and administered only for those countries in
which Fsas Technologies has one or more offices. Fsas Technologies accepts no responsibility
that Software and/or documentation can or may be downloaded from a Fsas Technologies
website also in locations other than the countries mentioned above. If you access a website of
Fsas Technologies from abroad, you are fully responsible for complying with any local
regulations. Fsas Technologies expressly prohibits the downloading of Software and/or
documentation from a Fsas Technologies website in countries where such downloading is
considered illegal.

4. Copyright
All rights and licenses, unless they are expressly granted to you in this license terms, as well as
all property and usage rights related to the Software (including parts of the Software) remain
fully with Fsas Technologies and/or its third-party licensors.
The license terms do not authorize you to use the brands, logos or trademarks of Fsas
Technologies or its third-party licensors, nor are you permitted to use any other brands which
are deceptively similar to the brands, logos or trademarks of Fsas Technologies. Each and any
use of brands, logos or trademarks with respect to the Software or Fsas Technologies requires
the express consent of Fsas Technologies.

5. Licensor’s warranty and liability disclaimer, if Software is sold and delivered by
Reseller
If you acquire the Software directly from an authorized reseller (called “Reseller”), the right to
install and use the Software may be subject to additional software license conditions agreed
upon between you as the licensee and the respective reseller.

In all cases of an authorized software resale, the software is sublicensed and made available to 
the licensee directly by the Reseller. In such cases, Fsas Technologies is not a contractual party
of the software license agreement between you, as licensee and the Reseller, as far as the
procurement of the software licenses are concerned. Legal claims in connection with the
software licensing can therefore be asserted only on the basis of the agreements with the
Reseller. Under no circumstances, however, will the respective scope of the license for the
licensee exceed the scope of the license agreements as specified in sections 1, 2, 3 and 4 of this
agreement.

Subject to mandatory legal regulations, particularly those governing liability and/or warranties,
which cannot be excluded in connection with end user license agreement regulations and with
reference to the licensee’s claims against the Reseller, Fsas Technologies disclaims all
warranties for the Software in this agreement. For the same reason, Fsas Technologies disclaims
any and all liability/claims for any violations of third parties’ rights as well as any implied
warranties for the software’s marketability and its suitability for a particular purpose. This
disclaimer of liability does not apply in cases of willful or malicious behavior by Fsas
Technologies.

In this End User License Agreement, Fsas Technologies grants no warranties of any kind, either
express or implied.

6. Disclaimer of liability with respect to shareware, freeware and/or open source
software components
6.1. The Software may contain freeware or shareware which Fsas Technologies received from a
third party. Fsas Technologies paid no license fees for the use of this freeware or shareware.
Accordingly, the licensee is not charged any license fees for the use of the freeware or
shareware. You recognize and accept that Fsas Technologies therefore grants no warranties
with respect to such freeware or shareware components and does not assume any liability in
connection with the ownership, the distribution and/or the use of the respective freeware or
shareware.

6.2. The Software may also contain open source software components that were developed
according to the “open source model” and which are distributed exclusively on the basis of the
GPL (General Public License: http://www.gnu.org/copyleft/gpl.html) terms and conditions or
other standard open source standard license terms and conditions applicable to the
respective open source components at the time of their dissemination. You recognize and 
accept that the licensing of such open source software components is governed exclusively by
the above-mentioned GPL terms or by the conditions which are otherwise included with the
open source software components. Fsas Technologies receives neither license fees nor any
other compensation for the delivered open source software components. As far as Fsas
Technologies or a third party receives any compensation in connection with open source
software components, it is received exclusively for additional delivery items and/or services.

Because of the special nature of the development and distribution of open source software
components, Fsas Technologies assumes no express or implied liability for such components
and excludes any kind of warranty for such open source software components, particularly in
connection with missing specifications, lack of functionality, programming errors or any other
malfunctions.

7. General limitations of liability
7.1. Neither Fsas Technologies nor its suppliers are liable for any consequential or indirect
damages, including damages arising as a result of or in connection with an operational
interruption, lost profits or sales, lost data, or costs of capital. Fsas Technologies and its
suppliers will not be liable for additional ancillary or consequential costs or for any other
losses, costs or expenses of any kind which arise as a result of the holding, sale, use or
impossibility of use of the Software, independent of whether such claims are asserted due to
warranty rights, contracts, tort or any other legal theory.

7.2. The liability of Fsas Technologies for direct damage caused as a result of a contract violation
and/or other action or lapse on the part of Fsas Technologies which have not been excluded or
cannot be completely excluded due to mandatory law are limited to no more than $300,000.00.
Any and all other liabilities for direct damage are excluded. Damage caused by Fsas
Technologies as a result of slight negligence are excluded to the extent permitted by
applicable legal regulations.

7.3. Limitations and exclusions of liability resulting from this agreement do not apply to damage
where Fsas Technologies carries compulsory liability according to applicable laws and where
such liability cannot be limited to a maximum amount (for example, liability for bodily
damage; product liability or fraudulently incorrect information).

7.4. You acknowledge and agree that the Software is designed, developed and manufactured as 
contemplated for general use, including without limitation, general office use, personal use,
household use, and ordinary industrial use, but is not designed, developed and manufactured
as contemplated for use accompanying fatal risks or dangers that, unless extremely high
safety is secured, could lead directly to death, personal injury, severe physical damage or
other loss (hereinafter “High Safety Required Use”), including without limitation, nuclear
reaction control in nuclear facility, aircraft flight control, air traffic control, mass transport
control, medical life support system, missile launch control in weapon system. You shall not
use the Software without securing the sufficient safety required for the High Safety Required
Use. In addition, Fsas Technologies shall not be liable against you and/or any third party for
any claims or damages arising in connection with the High Safety Required Use of the
Software

8. Export controls
Due to its components as well as the nature or purpose of these components, the export of the
Software and/or its accompanying documents may be subject to official or regulatory approval.
In cases where the Software is intended for export, you are obliged to get all approvals and
authorizations required to comply with all relevant export regulations.

The Software may not be exported if there is reason to assume that the Software will be used in
connection with nuclear, chemical or biological weapons or for missile technology. Furthermore,
you may not deliver the Software — or have it delivered indirectly — to such companies or
persons who are listed in the applicable U.S. export regulations (particularly the Table of Denial
Orders/U.S. Denied Persons Lists (DPL) or in the E.U. export regulations (particularly the EU
Terrorist List) or in the applicable warnings issued by Japan export authorities or any other
competent authorities in any country.

Under no circumstances is Fsas Technologies obligated to deliver software, patches, updates or
upgrades, to provide software for download or to fulfill any other contractual commitments if
this would be a violation of the applicable export regulations of Japan, the European Union,
and the United States of America or of any other countries.

If you export or re-export the Software or a copy of it, this may be a violation of applicable
export laws and a severe violation of the terms of this agreement.

9. Miscellaneous
9.1. If any term or condition in this agreement or any other contract that is subject to the terms
and conditions of this agreement turns out to be invalid or unenforceable (partly or in full), the
validity of all other terms and conditions remains unaffected, unless complying with the
remaining terms and conditions would represent an unreasonable hardship for either contract
party, even with the application of applicable legal regulations to close the legal gap.

9.2. If you/ the licensee do not pay the license fees due and/or if the licensee does not comply with
essential terms and conditions of this license agreement, Fsas Technologies reserves the right
to cancel the license. In case of such cancellation, you must immediately return any and all
copies of the software in your possession and confirm the complete return [of the software
copies] or the destruction of these copies in writing and you shall cease to use the Firmware
immediately.

9.3. Neither you nor Fsas Technologies is responsible or liable for the respective party’s
non-compliance with its obligations if the reason for such non-compliance is outside the
party’s control due to force majeure.

9.4.

Any and all modifications and/or amendments to these license terms and conditions are only
valid if they are made in writing.

9.5. Fsas Technologies may, at its expense, appoint its own personnel or an independent third
party to audit the numbers of copies and installations as well as usage of the Software in use
by you. Any such audit shall be conducted upon thirty (30) days prior notice, during regular
business hours on your offices and shall not unreasonably interfere with your business
activities.

10. Applicable law
10.1. These license terms and conditions are governed by the laws of Japan.

10.2. In the event that provisions of clause 10.1 are unenforceable, these license terms and
conditions shall be governed by the laws of the country in which you acquire the Software,
with the following exceptions: 1) In Australia, the terms and conditions of this license are
governed by the laws of the state or sovereign territory in which the business contract is being
concluded; 2) in Albania, Armenia, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, the Czech 
Republic, Georgia, Hungary, Kazakhstan, Kirgizia, Republic of North Macedonia, Moldavia,
Poland, Romania, Russia, Slovakia, Slovenia, Ukraine, Republic of Serbia and Montenegro, the
terms and conditions of this license are governed by the laws of the Federal Republic of
Germany; 3) in the United Kingdom [Great Britain], all disputes with respect to these license
terms and conditions are governed by English law, and English courts have exclusive
jurisdiction; 4) in Canada, the terms and conditions of this license are governed by the laws of
the Province of Ontario; 5) in the United States of America and in Puerto Rico as well as in the
People’s Republic of China the terms and conditions of this license are governed by the laws of
the U.S. State of New York.