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Toshiba Corporation
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Toshiba Corporation
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. THE ABOVE
DISCLAIMER AND LIMITATION DOES NOT
EXCLUDE OR LIMIT (A) LIABILITY FOR
DEATH OR PERSONAL INJURY CAUSED BY
NEGLIGENCE; OR (B) ANY MANDATORY
LEGAL RIGHT OR LIABILITY TO THE EXTENT
THAT IT CANNOT BE LAWFULLY EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
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
England and Wales. All disputes arising out of
this EULA shall be subject to the exclusive
jurisdiction of the English Courts.
7.
Export Laws
. Any use, duplication or
employment 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 Beneficiary
. You agree that certain
suppliers of the Software to Toshiba have a right
as a third party beneficiary to enforce the terms
of this EULA against you as a user.
9.
Transfers
. The Software may be transferred
only as installed on the Phone to a lawful third
party user, where that party accepts the terms of
this EULA which will continue to apply.
10. IF YOU ARE DEALING AS A CONSUMER IN
THE UK & THE SOFTWARE QUALIFIES AS
'GOODS', YOUR STATUTORY RIGHTS
UNDER APPLICABLE LAW ARE NOT
AFFECTED.