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TOSHIBA CORPORATION
IMPORTANT NOTE: PLEASE READ BEFORE USING YOUR
HANDSET
BY ATTEMPTING TO USE ANY SOFTWARE ON THE SUPPLIED
HANDSET THIS CONSTITUTES YOUR ACCEPTANCE OF THESE
EULA TERMS. IF YOU REJECT OR DO NOT AGREE WITH ALL THE
TERMS OF THIS EULA, PLEASE DO NOT ATTEMPT TO ACCESS OR
USE THE SUPPLIED SOFTWARE.
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement
between you (as the user) and TOSHIBA CORPORATION ("Toshiba")
with regard to the copyrighted software as installed in a Toshiba 3G
handset supplied to you (the "Handset").
Use or disposal of any software installed in the Handset and related
documentations (the "Software") will constitute your acceptance of
these terms, unless separate terms are provided by the Software
supplier on the Handset, in which case certain additional or different
terms may apply. If you do not agree with the terms of this EULA, do
not use or dispose the Software.
1. License Grant. Toshiba grants to you a personal, non-transferable
and non-exclusive right to use the Software as set out in this EULA.
Modifying, adapting, translating, renting, copying, making available,
transferring or assigning all or part of the Software, or any rights
granted hereunder, to any other persons and removing any proprietary
notices, labels or marks from the Software is strictly prohibited, except
as expressly permitted in this EULA. Furthermore, you hereby agree
not to create derivative works based on the Software.
2. Copyright. The Software is licensed, not sold. You acknowledge that no
title to the intellectual property in the Software is or will be transferred
to you. You further acknowledge that title and full ownership rights to
the Software will remain the exclusive property of Toshiba, Toshiba's
affi liates, and/or their suppliers, and you will not acquire any rights to
the Software, except as expressly set out in this EULA. You may keep
a back-up copy of the Software only so far as necessary for its lawful
use. All copies of the Software must contain the same proprietary
notices as contained in or on the Software and are subject to the
terms of this EULA. All rights not expressly granted under this EULA
are reserved to Toshiba, Toshiba's affi liates and/or their suppliers.
3. Reverse Engineering. You agree that you will not attempt, and if you
are a business organization, you will use your best efforts to prevent
your employees, servants and contractors from attempting to reverse
engineer, decompile, modify, translate or disassemble the Software
in whole or in part except to the extent that such actions cannot
be excluded by mandatory applicable law and only if those actions
are taken in accordance with such applicable law. Any failure to
comply with the above or any other terms and conditions contained
herein will result in the automatic termination of this license and the
reversion of the rights granted hereunder to Toshiba.
4. DISCLAIMER OF WARRANTY. The Software is provided "AS IS"
without warranty of any kind. TOSHIBA, TOSHIBA'S AFFILIATES,
AND THEIR SUPPLIERS DISCLAIM ALL WARRANTIES,
CONDITIONS OR OTHER TERMS (WHETHER EXPRESS OR
IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES,
CONDITIONS AND TERMS OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
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