99
6. Limited Warranty on Media.
TOSHIBA TEC CORPORATION warrants the disks on which the Software is recorded to be free from
defects in materials and workmanship under normal use for a period of ninety (90) days from the date of
purchase as evidenced by a copy of the receipt. The entire liability of TOSHIBA TEC CORPORATION
and/or its Licensors and your exclusive remedy will be replacement of the disk which fails to meet the
limited warranty provided by this Clause 6. A disk will be replaced when it is returned to TOSHIBA TEC
CORPORATION or a TOSHIBA TEC CORPORATION authorized representative with a copy of the
receipt. TOSHIBA TEC CORPORATION will have no responsibility to replace a disk damaged by
accident, abuse or misapplication.
ANY IMPLIED WARRANTIES ON THE DISKS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM JURISDICTION TO JURISDICTION.
7. Disclaimer of Warranty on Software.
You expressly acknowledge and agree that use of the Software is at your sole risk. The software and
related documentation are provided "AS IS" and without warranty of any kind and TOSHIBA TEC
CORPORATION and TOSHIBA TEC CORPORATION'S Licensor(s) (for the purpose of provisions 7
and 8, TOSHIBA TEC CORPORATION and TOSHIBA TEC CORPORATION'S Licensor(s) shall be
collectively referred to as "TOSHIBA TEC CORPORATION") EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TOSHIBA TEC CORPORATION DOES NOT 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, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. FURTHERMORE, TOSHIBA TEC CORPORATION DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY TOSHIBA TEC CORPORATION OR A TOSHIBA TEC
CORPORATION AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT TOSHIBA TEC CORPORATION OR A TOSHIBA TEC
CORPORATION AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION, SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL TOSHIBA TEC
CORPORATION BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR
RELATED DOCUMENTATION, EVEN IF TOSHIBA TEC CORPORATION OR A TOSHIBA TEC
CORPORATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall TOSHIBA TEC CORPORATION'S total liability to you for all damages, losses, and
causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by
you for the Software.
9. Controlling Law and Severability.
For a portion of the Software related with Apple Macintosh and Microsoft Windows, this license shall be
governed by and construed in accordance with the laws of the state of California and Washington,
respectively. If for any reason a court of competent jurisdiction finds any provision of this License, or
portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue
in full force and effect.
