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IPedge General Description 01/12
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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 back to TAIS.
6. Limited Warranty. THE HARDWARE PRODUCT LIMITED WARRANTY IS SET FORTH IN THE TAIS
STANDARD LIMITED WARRANTY ASSOCIATED WITH THE HARDWARE PRODUCT, WHICH MAY BE
POSTED ON THE TAIS TELECOMMUNICATION SYSTEMS DIVISION INTERNET WEBSITE. TAIS'
SOLE OBLIGATIONS WITH RESPECT TO TOSHIBA SOFTWARE IS SET FORTH IN THIS EULA.
UNLESS OTHERWISE STATED IN WRITING, ALL TOSHIBA AND THIRD PARTY SOFTWARE ARE
PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND BY TOSHIBA. UNLESS THIRD
PARTY SOFTWARE MANUFACTURERS, SUPPLIERS OR PUBLISHERS EXPRESSLY OFFER THEIR
OWN WARRANTIES IN WRITING IN CONNECTION WITH YOUR USE OF THEIR THIRD PARTY
SOFTWARE, SUCH THIRD PARTY SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND BY THE MANUFACTURER, SUPPLIER, OR PUBLISHER OF SUCH THIRD
PARTY SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAIS AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EITHER EXPRESS
OR IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU. NEITHER TAIS NOR ITS SUPPLIERS 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.
HOWEVER, TAIS WARRANTS THAT ANY MEDIA ON WHICH THE SOFTWARE IS FURNISHED IS FREE
FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF
NINETY (90) DAYS FROM THE DATE OF DELIVERY TO YOU. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY TAIS OR A TAIS 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. TAIS’ AND/OR ITS SUPPLIERS’ ENTIRE LIABILITY AND YOUR SOLE AND
EXCLUSIVE REMEDY UNDER THIS EULA SHALL BE, AT TAIS’ OPTION, REPLACEMENT OF THE
MEDIA OR REFUND OF THE PRICE PAID. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL TAIS OR ITS SUPPLIERS 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, OR ANY OTHER
PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA EVEN IF TAIS OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE
REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TAIS OR ITS SUPPLIERS BE
LIABLE FOR ANY CLAIM BY A THIRD PARTY.