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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
affiliates, its suppliers or its authorised 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) THE USE