SoftBank 912T User Manual page 29

AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; AND
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE IS WITH YOU. YOU 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.
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 Japan. All disputes
arising out of this EULA shall be subject to the exclusive jurisdiction of
the Tokyo District 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 Benefi ciary. You agree that certain suppliers of the Software
to Toshiba have a right as a third party benefi ciary to enforce the
terms of this EULA against you as a user.
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