Trademarks and Copyright
ii
to TAP and TTEC any breach, anticipated suspected or otherwise, of TAP's or TTEC's rights in
respect of the Software.
4.
Other Restrictions
The Software contains the trade secrets of TAP and TTEC, and the Licensee must not
decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-
perceivable form, nor may the Licensee permit, enable, cause or suffer any other third party
doing any of these things, except to the extent permitted by non-excludable law.
5.
Term
This Agreement and the license under it are effective from the time the Licensee accepts the
terms of this Agreement by personally clicking the acceptance box, as indicated. The Licensee
may terminate this Agreement by destroying all copies of Software and notifying TAP of its
intention to terminate.
Subject to the warranty clause, if this Agreement terminates for any reason the Licensee is not
entitled to any refund for any unused portion of the license fee.
This Agreement terminates immediately and without any further notice if the Licensee fails to
comply with any of the provisions of this Agreement.
All obligations of confidentiality, limitations of liability and restrictions on use, and all other
provisions that may reasonably be interpreted to survive the termination of this Agreement,
continue to bind the Licensee and the Licensee's employees.
On termination of this Agreement, for whatever reason, the Licensee agrees to immediately
destroy all copies of the Software.
6.
Support
For support, the Licensee must contact the local authorised Toshiba representative and be
prepared to provide all the information relevant to the support request. There are no extra
charges for basic support, which will be provided on a reasonable efforts basis only. Support
only applies to: (i) licensing and registration; (ii) operation failure; (iii) installation errors; or (iv)
functional operation errors.
A support request may be declined, at the discretion of the help desk, if the Software is used
other than strictly in accordance with the Documentation or if insufficient information is provided
by the Licensee.
7.
Warranties
TAP and TTEC warrant that the Software will perform in accordance with the specifications
delivered by TAP and/or TTEC with the Software ("Specifications") for a period of 90 days after
the installation date (subject to clause 2) and, during this period, the Licensee must notify the
local authorised Toshiba representative in writing of any failure by the Software to perform in
accordance with the Specifications and detail any such alleged defects or errors sufficiently for
TAP to understand and attend to the problem.
TAP and/or TTEC must at their own expense, as soon as practical after TAP has received any
notice under this clause, rectify the defect or replace the Software. If in TAP's opinion the
Software cannot be repaired or replaced, the absolute liability to the licensee will be the cost of
the software license to TAP.
The warranty contained in this clause is:
•
"Subject to the Licensee having fully complied with the Licensee's obligations under this
Agreement;
•
"Not a warranty that any output obtained from the use of the Software will be in
accordance with the Licensee's expectations or requirements;
•
"Not applicable where the substantial non-performance arises, in any respect, from the
Licensee's installation of the Software, the nature or operation of any equipment on
which the Software is used or the use of any materials or Software not provided by TAP
and TTEC; and
•
"Not provided if the Software is installed on any products that are not manufactured by
TAP or its affiliates.
•
TAP warrants that:
•
"It holds a license from the owner of the Software to license the use of the Software
