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Toshiba Corporation
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 AND THE SOFTWARE QUALIFIES AS
'GOODS', YOUR STATUTORY RIGHTS
UNDER APPLICABLE LAW ARE NOT
AFFECTED.