Toshiba 32L5400 Series Owner's Manual page 63

IN WRITING IN CONNECTION WITH YOUR USE OF
THEIR NON-TOSHIBA SOFTWARE, SUCH NON-TOSHIBA
SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND BY THE MANUFACTURER,
SUPPLIER, OR PUBLISHER OF SUCH NON-TOSHIBA
SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, TOSHIBA AND ITS LICENSORS AND SUPPLIERS
DISCLAIM ALL WARRANTIES WITH REGARD TO THE
SOFTWARE, EITHER EXPRESS -IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF
NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU.
NEITHER TOSHIBA NOR ITS LICENSORS 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.
NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY TOSHIBA OR A TOSHIBA 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. TOSHIBA' AND/OR ITS LICENSORS'
ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE
REMEDY UNDER THIS EULA SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID BY YOU SEPARATELY FOR THE
SOFTWARE OR U.S. $10.00 WHICHEVER IS LESS. IN NO
EVENT SHALL TOSHIBA OR ITS LICENSORS 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, FOR LOSS OF
PRIVACY ARISING OUT OF OR IN ANY WAY RELATED
TO THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT OR OTHERWISE IN CONNECTION WITH ANY
PROVISION OF THIS EULA, EVEN IF TOSHIBA OR ANY
LISENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF
ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TOSHIBA
OR ITS LICENSORS BE LIABLE FOR ANY CLAIM BY A
THIRD PARTY. SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
MAY LAST, OR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM STATE/JURISDICTION TO STATE/JURISDICTION.
8. Export Laws. This EULA involves products, software and/
or technical data that may be controlled under the
laws and regulations of the United States and other
countries, including but not limited to the United
States Export Administration Regulations, or any other
applicable law, regulation or order ("Export Laws").
You shall comply with all Export Laws to assure that
the Software is not exported, directly or indirectly, in
contravention of the Export laws.
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Reference section
9. Governing Law. This EULA will be governed by the laws
of Japan [or other applicable country], excluding its
confl ict of law provisions.
10. Severability. If any provision of this EULA 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 aff ected or impaired.
11. No Waiver. No waiver of any breach of any provision
of this EULA shall constitute a waiver of any prior,
concurrent or subsequent breach of the same or any
other provisions hereof, and no waiver shall be eff ective
unless made in writing and signed by an authorized
representative of the waiving party. To the extent the
terms of any Toshiba policies or programs for support
services confl ict with the terms of this EULA, the terms
of this EULA shall control.
12. Open Source Software. Portions of the Software
include software fi les subject to certain open source
license agreements, and such open source software
fi les are subject to the notices and additional terms and
conditions that are referenced in "Legal information" of
device's "Settings" menu. Such open source software
fi les are provided on an "AS IS" basis to the maximum
extent permitted by applicable law.
Please carefully read "Open Source License" section for
the relevant copyright and licensing terms. If there is
any discrepancy between the terms and conditions of
the applicable open source license agreement and the
EULA, the terms and conditions of the applicable open
source license agreement prevail with respect to the
applicable open source software.
Until the date that is three years after you acquire the
Software, you may obtain a copy of the source code
corresponding to the binaries for GPL-licensed fi le by
sending a request to TOSHIBA customer service at [
http://www.regza-asia.com/support/oss], and TOSHIBA
will send you a link to such source code.
13. Notice to your information
(i) When you access Wi-Fi® connections, the Wi-Fi
®location information may be stored on your device.
(ii) If you use third-party applications on this device,
any information those applications collect
(including location-based information) may be sent
to third parties and merged with other customer
information subject to their respective privacy
policies. Please review them carefully. You may
limit access to location information by others by
changing your Location Settings.
14. Entire Agreement. This Agreement sets forth the
entire agreement and understanding between you
and TOSHIBA as to the subject matter hereof and
supersedes all prior agreements, negotiations or
understandings with respect thereto. This Agreement
may not be changed, altered or amended except by
TOSHIBA.
Rev: July, 2014
63
2014/07/24 17:06:33 2014/07/24 17:06:33