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Toshiba Corporation
to Toshiba, Toshiba's affiliates 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, workers 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.
LIMITED WARRANTY
. Only during the
warranty period for the Phone, Toshiba,
Toshiba's affiliate, its suppliers or its authorized
service company will repair or replace, at
Toshiba's sole discretion, defective Software
unless such defect results from acts or
incidences beyond the reasonable control of
Toshiba. EXCEPT AS PROVIDED IN THIS
EULA: (A) TOSHIBA, TOSHIBA'S AFFILIATES,
AND THEIR SUPPLIERS DISCLAIM ALL
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 (B) 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)