T
oshiba Corporation
7
Toshiba Corporation
OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE.
5.
LIMITATION OF LIABILITY
. TO THE
FULLEST EXTENT LEGALLY PERMITTED,
IN NO EVENT SHALL TOSHIBA, TOSHIBA'S
AFFILIATES OR THEIR SUPPLIERS BE
LIABLE TO YOU FOR ANY DAMAGES FOR
(A) LOST BUSINESS OR REVENUE,
BUSINESS INTERRUPTION, LOSS OF
BUSINESS DATA; OR (B)
CONSEQUENTIAL, SPECIAL, INCIDENTAL
OR INDIRECT DAMAGES OF ANY KIND
(WHETHER UNDER CONTRACT, TORT OR
OTHERWISE) ARISING OUT OF: (I) THE
USE 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