9. Exhibit License Services

Customers may use the License Services specified in this document. Customers shall use the License Services in accordance with the terms and conditions in this Exhibit.
1 Definitions
The following terms and their variant forms, as used in this exhibit, have the meanings given below.
Terms Definitions
Oracle License Software licenses which Oracle Corporation Japan (Hereinafter, “Oracle”) provides.
Oracle License Included Program Oracle License which Customer is allowed to access by Company pursuant to this Agreement.
Oracle BYOL Program Oracle License which Customer is licensed by Oracle pursuant to the Oracle License Agreement between Customer and Oracle, of which Company accepts to use in the Service.
Compute Resource Pool Virtual resource for creating virtual servers(including CPU, memory and storage)
Compute Resource Pool for Oracle Compute Resource Pool which Oracle License is installed
Virtual Server for Oracle Virtual server which an Oracle License related program is installed
Third Party’s Licensed Technology Third party technology which is licensed under the terms and conditions defined by the third party and not under the terms and conditions of this Agreement.
Third Party Software License which Customer is licensed by a third party pursuant to the terms and conditions provided by Oracle, to use the Oracle License Included Program.
Backup License(Acronis) Software licenses which ACRONIS INTERNATIONAL GMBH (hereinafter “Acronis”) provides and licensed by Company to Customer pursuant to this Agreement. Customer shall have; the right to use the service which Acronis provides by paying the Service Charges to the Company without making any other payment to Acronis.
Acronis Services Services provided by Acronis through the backup License(Acronis) which includes the support services.
HULFT License License provided to Customer by Company that enables to receive HULFT service and HULFT software product technical support service (“HULFT Services”)provided by Saison Information Systems Co., Ltd. (hereinafter referred to as Saison Information Systems) without any payment of fee to Saison Information Systems but with the payment of Service Charges defined in this Agreement.
Windows Server Software and license that are related to Windows Server provided by Microsoft Corporation (hereinafter referred to as “Microsoft”) and become available through ECL1.0.
Red Hat Enterprise Linux Software and license that are related to OS provided by Red Hat, Inc. (hereinafter referred to as “Red Hat”) and become available through ECL1.0.
2 Database License (Oracle SE ONE、Oracle EE RAC、WebLogic SE specified in 2.5.3.3Database (Oracle) of this document)
2.1 Company allow Customers to access to the Oracle License Included Program(exluding Oracle BYOL Proguram, hereinafter the same) which is deployed in the Service for Customer’s business operations. Customers shall use the Oracle License Included Program in accordance with the Agreement and this Exhibit and the Oracle License Included Program shall not be deolpyed or installed to Customer’s equipment, systems or any other environment. Company retain all ownership and intellectual property rights to the Oracle License Included Programs, Operating System, Integrated Software and anything developed or delivered under the Agreement.
2.2 Oracle License Included Program will be provided in the Compute Resource Pool for Oracle License.
2.3 Third party technology that may be appropriate or necessary for use with Oracle License Included Programis specified in the related documentation, and that third party technology is licensed to Customer only for use with the Service and user the terms of the third party license agreement specified in the documentation, not this Agreement.
2.4 Customer shall not:
(1) assign, grant, or transfer Oracle License Included Program or any interest in the Oracle License Included Program to any third parties (If Customer claims that they are entitled to grant a security interest on the Oracle License Included Program, the secured party shall have no right to use or transfer the Oracle License Included Program);
(2) remove or modify any notice or description of Oracle’s or its licensors’ proprietary rights;
(3) duplicate, reverse engineer (unless required by law for interoperability), disassemble or decompile the Oracle License Included Program (including but not limited to review data structures or similar materials produced by the Oracle License Included Program );
(4) disclose any results of benchmark tests which was due over the Target Program; or
(5) use the Virtual Server for Oracle created by the Oracle License Included Program on the Compute Resource Pool for Oracle and shall not use the Virtual Server for Oracle on any other compute resource pool or a resource of any other services.
2.5 Notwithstanding anything to the contrary in the Agreement, Oracle is an intended third party beneficiary of the Agreement only to the extent of the terms and conditions of this Exhibit.
2.6 Customer shall use the Oracle BYOL Program if:
(1) the Oracle BYOL Program Customer is furnished a valid “Software Update License and Support” (a support specified by Company, which is defined by Oracle).. In this case, support for the Oracle BYOL Program shall be provided pursuant to the Oracle License Agreement between Customer and Oracle. , Customer shall notify the Company of the license number of the Oracle BYOL Program to receive support from the Company. ; and
(2) Customer shall be solely responsible for the liability arising out of or in relation to the Oracle License Agreement between Customer and Oracle.
2.7 Company may increase the Service Charges for the Oracle License Included Program if Oracle increases the charges to Company for the Oracle License fees. Company shall notify Customer of the increase of such Service Charges in advance.
3 Backup License (Acronis, specified in 2.5.3.5Backup License (Acronis) of this document)
3.1 When Customer applies for the Backup License(Acronis) and Company accepts it, Customer shall be deemed to accept the Terms and Conditions of Acronis (Terms and Conditions of “legal Information” specified by Acronis(http://www.acronis.com/ja-jp/legal.html), excluding the terms and conditions for Service Charge in this Agreement) if Customer applies for the provision of the Backup License(Acronis) and Acronis Services and Company accepts it.
3.2 Customer shall indemnify, defend, and hold harmless Company, its Affiliates, and their directors, officers and employees from and against all Claims arising, directly or indirectly, out of: (i) any breach by Customer of its obligations under the Terms and Conditions of Acronis, or (iii) any use of the Acronis Services by any entity, End User, or person obtaining access to same through Customer.
3.3 Customer shall not;
(1) Backup License(Acronis) on resources other than on Enterprise Cloud resources. Customer may not disassemble, decompile, reverse engineer, reproduce, modify or distribute Backup License(Acronis), in whole or in part.
3.4 In case the Terms and Conditions of Acronis are terminated, the right to use Backup License(Acronis) shall terminate. Company disclaims any liability arising from the termination pursuant to this Section 3.4.
3.5 Company reserves the right to review and increase the Service Charge payable by Customer in the event Acronis increases its license fees covering Backup License(Acronis).
4 HULFT (specified in 2.5.3.6 HULFT of this document)
4.1 When Customer applies for HULFT License and Company accepts it, Customer shall be deemed to accept the Terms and Conditions of HULFT Service agreement (http://www.hulft.com/en/uploadfile/HULFT_LicenseAgreement_1508.pdf) and HULFT software product technical support agreement (http://www.hulft.com/en/uploadfile/Terms_and_Conditions_for_Software_Products_Technical_Support_1508.pdf).
4.2 Customer shall indemnify, defend, and hold harmless Company, its Affiliates, and their directors, officers and employees from and against all Claims arising, directly or indirectly, out of: (i) any breach by Customer of its obligations under the Terms and Conditions of HULFT Service agreement and HULFT software product technical support agreement, or (iii) any use of the HULFT Services by any entity, End User, or person obtaining access to same through Customer.
4.3 Customer shall not use HULFT License on resources other than on Enterprise Cloud resources. Customer may not disassemble, decompile, reverse engineer, reproduce, modify or distribute HULFT License, in whole or in part.
4.4 In case HULFT Service agreement is terminated, the right to use HULFT License shall terminate.
4.5 Company reserves the right to review and increase the Service Charge payable by Customer in the event Saison Information Systems increases its service charges covering HULFT Service.
5 Windows Server
5.1 Service Provider Product Usage Rights Description (“SPUR”) (http://www.microsoftvolumelicensing.com/userights/DocumentSearch.aspx?Mode=3&DocumentTypeId=2) shall be applied as part of this Agreement for the use of Windows Server which may be amended from time to time by Microsoft, to be effective upon posting of the revised SPUR.
5.2 Customer shall indemnify, defend, and hold harmless Company and Microsoft, its Affiliates, and their directors, officers and employees from and against all Claims arising, directly or indirectly, out of: (i) any breach by Customer of its obligations under the Terms and Conditions of SPUR, or (iii) any use of Windows Server by any entity, End User, or person obtaining access to same through Customer.
5.3 Customer shall not:
(i) use Windows Server on resources other than on Enterprise Cloud resources;
(ii) disassemble, decompile or , reverse engineer, Windows Server in whole or in part;
(iii) delete, revise or infringe copyrights, trademark or other property rights contained in Windows Server;
(iv) install, distribute, duplicate, reproduce, modify or distribute the Windows Server in against this Agreement or SPUR;and
(v) use Windows Server in the application or environment that may lead to death, serious injury or serious physical damage or environmental damage.
5.5 Company reserves the right to review and increase the Service Charge payable by Customer in the event Microsoft increases its service charges covering Windows Server.
5.6 Company shall provide technical support which are specified by Company related to ECL1.0 when Customers use Windows Server.
5.7 Customer shall agree to disclose any necessary information based on the Company’s request when using Windows Server.
5.8 Notwithstanding anything to the contrary elsewhere in the Agreement, Microsoft is an intended third party beneficiary of this Agreement, but solely with respect to this Section 9.5 of this Service Description.
6 RedHat Enterprise Linux
6.1 End user license agreement (http://jp.redhat.com/licenses/RHEL_EULA_JAPAN.pdf) and RedHat software subscription agreement (http://www.redhat.com/licenses/cloud_cssa/Cloud_Software_Subscription_Agreement_Japan.pdf) shall be applied in addition to this Agreement for the use of RedHat Enterprise Linux.
6.2 Customer shall indemnify, defend, and hold harmless Company, its Affiliates, and their directors, officers and employees from and against all Claims arising, directly or indirectly, out of: (i) any breach by Customer of its obligations under the Terms and Conditions of End user license agreement and RedHat software subscription agreement described in the foregoing clause, or (iii) any use of RedHat Enterprise Linux by any entity, End User, or person obtaining access to same through Customer.
6.3 Customer shall not use RedHat Enterprise Linux on resources other than on Enterprise Cloud resources. Customer may not disassemble, decompile, reverse engineer, reproduce, modify or distribute Red Hat Enterprise Linux, in whole or in part.
6.4 Company reserves the right to review and increase the Service Charge payable by Customer in the event RedHat increases its service charges covering Red Hat Enterprise Linux.