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TOSHIBA CORPORATION
IMPORTANT NOTE: PLEASE READ BEFORE USING YOUR
HANDSET
BY ATTEMPTING TO USE ANY SOFTWARE ON THE SUPPLIED
HANDSET THIS CONSTITUTES YOUR ACCEPTANCE OF THESE
EULA TERMS. IF YOU REJECT OR DO NOT AGREE WITH ALL THE
TERMS OF THIS EULA, PLEASE DO NOT ATTEMPT TO ACCESS
OR USE THE SUPPLIED SOFTWARE.
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement
between you (as the user) and TOSHIBA CORPORATION ("Toshiba")
with regard to the copyrighted software as installed in a Toshiba 3G
handset supplied to you (the "Handset").
Use or disposal of any software installed in the Handset and related
documentations (the "Software") will constitute your acceptance of
these terms, unless separate terms are provided by the Software
supplier on the Handset, in which case certain additional or different
terms may apply. If you do not agree with the terms of this EULA, do
not use or dispose the Software.
1. License Grant. Toshiba grants to you a personal, non-
transferable and non-exclusive right to use the Software as
set out in this EULA. Modifying, adapting, translating, renting,
copying, making available, transferring or assigning all or part
of the Software, or any rights granted hereunder, to any other
persons and removing any proprietary notices, labels or marks
from the Software is strictly prohibited, except as expressly
permitted in this EULA. Furthermore, you hereby agree not to
create derivative works based on the Software.
2. Copyright. The Software is licensed, not sold. You acknowledge
that no title to the intellectual property in the Software is or will
be transferred to you. You further acknowledge that title and
full ownership rights to the Software will remain the exclusive
property of Toshiba, Toshiba's affi liates, and/or their suppliers,
and you will not acquire any rights to the Software, except as
expressly set out in this EULA. You may keep a back-up copy
of the Software only so far as necessary for its lawful use.
All copies of the Software must contain the same proprietary
notices as contained in or on the Software and are subject to
the terms of this EULA. All rights not expressly granted under
this EULA are reserved to Toshiba, Toshiba's affi liates and/or
their suppliers.
3. Reverse Engineering. You agree that you will not attempt, and if
you are a business organisation, you will use your best efforts
to prevent your employees, servants and contractors from
attempting to reverse engineer, decompile, modify, translate
or disassemble the Software in whole or in part except to the
extent that such actions cannot be excluded by mandatory
applicable law and only if those actions are taken in accordance
with such applicable law. Any failure to comply with the above
or any other terms and conditions contained herein will result
in the automatic termination of this license and the reversion of
the rights granted hereunder to Toshiba.
4. DISCLAIMER OF WARRANTY. The Software is provided
"AS IS" without warranty of any kind. TOSHIBA, TOSHIBA'S
AFFILIATES, AND THEIR SUPPLIERS DISCLAIM ALL