User's Manual

ACCEPT THAT SOFTWARE MAY NOT MEET YOUR REQUIREMENTS AND NO WARRANTY CAN BE GIVEN
THAT 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 LIABILTY 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 Court.
7. Export Laws. Any use, duplication or disposal of the Software involves products and/or technical data that may be
controlled under the export laws of applicable countries or region and may be subject to the approval of the applicable
governmental authorities prior to export. Any export, directly or indirectly, in contravention of the export laws of
applicable countries or region is prohibited.
8. Third Party Beneficiary. You agree that certain suppliers of the Software to Toshiba have a right as a third party
beneficiary to enforce the terms of this EULA against you as a user.
9. Transfers. The Software may be transferred only as installed on the Handset to a lawful third party user, where that
party accepts the terms of this EULA which will continue to apply.
10. IF YOU ARE DEALING AS A CONSUMER IN THE UK & THE SOFTWARE QUALIFIES AS ‘GOODS’ YOUR
STATUTORY RIGHTS UNDER APPLICABLE LAW ARE NOT AFFECTED