Toshiba Strata IPT User Manual page 5

STRATA IPT/DKT FEATUREPHONE USER GUIDE
7. Limitation Of Liability. TIU's entire liability and your sole and exclusive remedy under this Agreement shall be at
TIU's option replacement of the media containing the Software or refund of the price paid. To the maximum extent
permitted by applicable law, in no event shall TIU or its suppliers be liable to You for damages for loss of profits or
revenues or any consequential, special, incidental or indirect loss or damages (including claims for personal injury,
business interruption, loss of business information/data) or any other pecuniary loss of any kind howsoever arising
(whether in breach of contract, negligence or other tort, or otherwise) out of the use or inability to use the Software,
even if TIU or its supplier has been advised of the possibility of such damages. In no event shall TIU or its suppliers be
liable for any claim by a third party. TIU shall, however, accept liability for death or personal injury caused by its own
negligence and as otherwise required by applicable law.
8. Governing Law and Jurisdiction. This Agreement shall be governed and construed in accordance with the laws
of England. The Parties irrevocably submit to the exclusive jurisdiction of the English Courts in respect of any matter,
claim or dispute arising under, out of, from or in connection with this Agreement.
9. Export Laws. This Agreement relates to Products, Software and/or technical data that may be controlled under
the United States Export Administration Regulations and may be subject to the approval of the United States
Department of Commerce prior to export. Any export, directly or indirectly, in contravention of the United States Export
Administration Regulations, or any other applicable law, regulation or order, is prohibited.
10. United States Government Restricted Rights. The Software is provided with Restricted Rights. Use, duplication,
or disclosure by the United States Government, its agencies and/or instrumentalities is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software Clause at DFARS 252.227-
7013 (October 1988) or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48
CFR 52.227-19, as applicable.
11. Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired
12. No Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior,
concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless
made in writing and signed by an authorized representative of the waiving party.
13. Entire Agreement. In entering into this Agreement, You acknowledge and agree that You have not relied on any
representation unless expressly included in this Agreement. You acknowledge that you have read this license
agreement and that You understand its provisions. You agree to be bound by its terms and conditions. You further
agree that this Agreement contains the complete and exclusive agreement between You and TIU and supersedes: (i)
any proposal or prior agreement, oral or written, or any other communication relating to the subject matter of this
license agreement; and (ii) any term or condition implied by trade custom or course of dealing and any purported
contrary or inconsistent provision is hereby excluded. Nothing in this clause shall limit liability for fraudulent
misrepresentation.
14. Third Party Rights. No provision of this Agreement shall be enforceable by any third party under the Contracts
(Rights of Third Parties) Act 1999 or otherwise.
Toshiba Information Systems (UK) Limited.
Business Communications Division
Toshiba Court
Weybridge Business Park
Addlestone Road
Weybridge
Surrey
KT15 2UL
5 of 124
Toshiba Business Communications Division