THE PRODUCT AND THE SOFTWARE PACKAGES
The software on the enclosed CD-ROMs makes up a Turbolinux(R) product (the "Product"), which is a compilation of hundreds of individual software components (each, a "Software Package"). The Product, as a whole, is licensed to you under the terms of this Agreement.

SCOPE OF USE
Turbolinux China, Inc. grant you and you accept the non-exclusive, non-transferable right to use the Product. You may load, copy or transmit the Product in whole or in part, only as necessary to enable the Product to be used on a single computer.
You understand and acknowledge that each of the Software Packages has been copyrighted separately from the Product as a whole and is licensed to you under a separate license agreement applicable to that particular Software Package. Many of the Software Packages are governed by open-source software license agreements, such as the GNU General Public License or other licenses that may allow you to modify and redistribute the source code of the Software Package. Accordingly, the restrictions above "Scope of Use" do not apply to such open-source software.

However, please check the respective license agreement applicable to each Software Package, which is included in the accompanying online documentation. You should carefully read the license agreement applicable to a particular Software Package in order to be informed about the rights you are granted, before modifying, distributing, decompiling, or otherwise reverse engineering the Software Package, installing the Software Package on more than permitted number in the above, using the Software Package for other than your own individual use, or copying the Software Package other than as an essential step in using the Software Package or to make a single archival copy. Should you have any question regarding which terms apply to any particular Software Package, you agree to request by e-mail a copy of such terms from Turbolinux China, Inc. at csupport@turbolinux.com.cn before taking any of the foregoing acts.

TRADEMARKS
This Agreement does not grant you any rights to use the trademark TURBOLINUX(R) or the TURBOLINUX logo except to retain or reproduce required copyright notices.You may contact Turbolinux China for permission to display the TURBOLINUX(R) mark and logo.

OWNERSHIP
THE PRODUCT AND THE SOFTWARE PACKAGES, INCLUDING THEIR DOCUMENTATION, APPEARANCE, STRUCTURE, SEQUENCE, ORGANIZATION, SELECTION, COORDINATION, AND ARRANGEMENT, ARE PROPRIETARY PRODUCTS OF Turbolinux China, Inc. AND OTHERS, AND ARE PROTECTED BY COPYRIGHT AND OTHER LAWS. YOU HAVE NO RIGHT, TITLE, OR INTEREST IN ANY OF THESE PROGRAMS OR IN ANY COPY, MODIFICATION, OR MERGED PORTION OF ANY OF THESE PROGRAMS, EXCEPT FOR RIGHTS EXPRESSLY GRANTED UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE LICENSE AGREEMENT FOR EACH SOFTWARE PACKAGE.

LIMITED WARRANTY
The media on which the Product is furnished to you is referred to in this Agreement as the "Media." Turbolinux China, Inc. warrants that the Media will be free from defects in materials and manufacture under normal use for thirty days from the date on which you obtained this product.
Turbolinux China, Inc. and its suppliers do not warrant that the Product or the Software Packages will meet your requirements or that operation of the Product or the Software Packages will be error-free or uninterrupted.

EXCEPT AS SPECIFICALLY STATED ABOVE, THE PRODUCT AND THE SOFTWARE PACKAGES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT ARE DISCLAIMED.

Some jurisdictions do not allow the disclaimer of certain implied warranties, so these disclaimers may not apply fully to you.

EXCLUSIVE REMEDY
Turbolinux China, Inc.'s entire liability, and your exclusive remedy, for any defect in the Media will be that if you return the Media to Turbolinux China, Inc. within thirty days from the date on which you obtained this product along with proof of purchase, Turbolinux China, Inc. will, at its option, either replace the Media or refund to you the amount you paid for the product. This remedy will be available to you only if you or your dealer registers this product with Turbolinux China, Inc. in accordance with the instructions provided with this product within ten days after you obtain this product.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Turbolinux China, Inc. AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY OTHER USER OF THE PRODUCT OR SOFTWARE PACKAGES FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, AND LOSS OF DATA, ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PRODUCT OR SOFTWARE PACKAGES, EVEN IF Turbolinux China, Inc. OR A DEALER AUTHORIZED BY Turbolinux China, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Turbolinux China, Inc.
OR ITS SUPPLIERS ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE AGGREGATE LIABILITY OF Turbolinux China, Inc. AND ITS SUPPLIERS TO YOU WILL NOT EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT.

These disclaimers and limitations of liability will apply even if the exclusive remedy set forth above is held to fail of its essential purpose and even if the warranty disclaimers set forth above are held invalid. Some jurisdictions do not allow the disclaimer or limitation of certain damages, so the above disclaimers and limitations may not apply fully to you.

EXPORT CONTROLS
You agree that you will not knowingly, directly or indirectly, without prior written consent of the office of Export Administration of the US Department of Commerce, Washington D.C. 20230, if required, export or transmit any of the Product or any Software Package to any country to which such transmission is restricted by applicable regulations or statutes.

GENERAL
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by a court of competent jurisdiction, then (i) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby and (ii) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable. This Agreement will be governed by the laws of Japan. The application to this Agreement of the United Nations Convention on Contracts for the international Sale of Goods is hereby expressly excluded.