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WARRANTIES, CONDITIONS OR OTHER TERMS (WHETHER
EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED
TO WARRANTIES, CONDITIONS AND TERMS OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS; AND THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SOFTWARE
IS WITH YOU. YOU ACCEPT THAT SOFTWARE MAY NOT
MEET YOUR REQUIREMENTS AND NO WARRANTY CAN
BE GIVEN THAT OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE.
5. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT
LEGALLY PERMITTED, IN NO EVENT SHALL TOSHIBA,
TOSHIBA'S AFFILIATES OR THEIR SUPPLIERS BE LIABLE
TO YOU FOR ANY DAMAGES FOR (A) LOST BUSINESS OR
REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS
DATA; OR (B) CONSEQUENTIAL, SPECIAL, INCIDENTAL
OR INDIRECT DAMAGES OF ANY KIND (WHETHER UNDER
CONTRACT, TORT OR OTHERWISE) ARISING OUT OF:
(I) THE USE OR INABILITY TO USE THE SOFTWARE,
EVEN IF TOSHIBA, TOSHIBA'S AFFILIATES OR THEIR
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES; OR (II) ANY CLAIM BY A THIRD PARTY.
SAVE AS SET OUT IN THIS SECTION, TOSHIBA'S ENTIRE
LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE
PRICE PAID FOR THE SOFTWARE, IF ANY.
PLEASE MAKE AND RETAIN A COPY OF ALL DATA YOU HAVE
INSERTED INTO YOUR PRODUCT, FOR EXAMPLE NAMES,
ADDRESSES, PHONE NUMBERS, PICTURES, RINGTONES ETC,
BEFORE SUBMITTING YOUR PRODUCT FOR A WARRANTY
SERVICE, AS SUCH DATA MAY BE DELETED OR ERASED AS
PART OF THE REPAIR OR SERVICE PROCESS.
6. Laws. This EULA will be governed by the laws of Japan.
All disputes arising out of this EULA shall be subject to the
exclusive jurisdiction of the Tokyo District Court.
7. Export Laws. Any use, duplication or disposal of the Software
involves products and/or technical data that may be controlled
under the export laws of applicable countries or region and
may be subject to the approval of the applicable governmental
authorities prior to export. Any export, directly or indirectly,
in contravention of the export laws of applicable countries or
region is prohibited.
8. Third Party Benefi ciary. You agree that certain suppliers of the
Software to Toshiba have a right as a third party benefi ciary to
enforce the terms of this EULA against you as a user.