SoftBank 921T Instruction Manual page 30

End User License Agreement
EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO
WARRANTIES, CONDITIONS AND TERMS OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE 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.
xxx
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.