Toshiba 39L4300 Series Owner'S Manual Download Page 58

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or loss of life or catastrophic property damage.
Accordingly, SHOULD YOU DECIDE TO USE THIS
SOFTWARE FOR ANY CRITICAL APPLICATION
TOSHIBA disclaims any and all liability arising
out of the use of the SOFTWARE in any critical
APPLICATION. If YOU use the SOFTWARE in
a critical application, YOU, and not TOSHIBA,
assume full responsibility for such use. Further
you shall indemnify and hold TOSHIBA harmless
from any and all damages, liabilities, costs, and
expenses, including reasonable attorneys' fees
and amounts paid in settlement of third party
or government claims, incurred by TOSHIBA as a
result of or in any way arising from such use.

5. Limitations on Reverse Engineering,

Decompilation and Disassembly. You may not
reverse engineer, decompile, or disassemble the
Software in whole or in part, except and only
to the extent that such activity constitutes a
fair use under applicable copyright law, or has
a legitimate business purposes of accessing
information that is not protected by any
intellectual property rights, or is otherwise
permitted by the applicable license for the
Software or applicable law notwithstanding this
limitation.

6. Disclaimer of Warranty and Limited Warranty.

TOSHIBA’S SOLE OBLIGATIONS WITH RESPECT
TO TOSHIBA SOFTWARE IS SET FORTH IN THIS
EULA. UNLESS OTHERWISE STATED IN WRITING,
ALL TOSHIBA SOFTWARE ARE PROVIDED ON AN
“AS IS” BASIS WITHOUT WARRANTY OF ANY KIND
BY TOSHIBA. UNLESS NON-TOSHIBA SOFTWARE
MANUFACTURERS, SUPPLIERS EXPRESSLY
OFFER THEIR OWN WARRANTIES IN WRITING
IN CONNECTION WITH YOUR USE OF THEIR
NON-TOSHIBA SOFTWARE, SUCH NON-TOSHIBA
SOFTWARE IS PROVIDED ON AN “AS IS” BASIS
WITHOUT WARRANTY OF ANY KIND BY THE
MANUFACTURER, SUPPLIER, OR PUBLISHER OF
SUCH NON-TOSHIBA SOFTWARE.

TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, TOSHIBA AND ITS LICENSORS
AND SUPPLIERS DISCLAIM ALL WARRANTIES
WITH REGARD TO THE SOFTWARE, EITHER
EXPRESS -IMPLIED, OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, THE WARRANTY OF
NONINFRINGEMENT OF THIRD PARTY RIGHTS,
AND THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU.
NEITHER TOSHIBA NOR ITS LICENSORS WARRANT
THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR

THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR-FREE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY TOSHIBA OR A TOSHIBA AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF
THIS WARRANTY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.

7. Limitation of Liability. TOSHIBA’ AND/OR ITS

LICENSORS’ ENTIRE LIABILITY AND YOUR SOLE
AND EXCLUSIVE REMEDY UNDER THIS EULA
SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID BY YOU SEPARATELY FOR THE SOFTWARE
OR U.S. $10.00 WHICHEVER IS LESS. IN NO
EVENT SHALL TOSHIBA OR ITS LICENSORS BE
LIABLE TO YOU FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR INDIRECT DAMAGES
FOR PERSONAL INJURY, LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION/DATA, FOR LOSS
OF PRIVACY ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE PRODUCT OR OTHERWISE IN
CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IF TOSHIBA OR ANY LISENSORS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF THE REMEDY FAILS OF
ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL
TOSHIBA OR ITS LICENSORS BE LIABLE FOR
ANY CLAIM BY A THIRD PARTY. SOME STATES/
JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY
LAST, OR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
SUCH LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE/
JURISDICTION TO STATE/JURISDICTION.

8. Export Laws. This EULA involves products,

software and/or technical data that may be
controlled under the laws and regulations of
the United States and other countries, including
but not limited to the United States Export
Administration Regulations, or any other
applicable law, regulation or order (“Export
Laws”). You shall comply with all Export Laws to
assure that the Software is not exported, directly
or indirectly, in contravention of the Export laws.

9. Governing Law. This EULA will be governed by

the laws of Japan [or other applicable country],
excluding its confl ict of law provisions.

Reference section

3950L4300Series̲En.indd 58

2013/10/09 15:24:05