Toshiba 40L555 Series Owner's Manual page 70

End User License Agreement
IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA")
IS A LEGAL AGREEMENT BETWEEN YOU AND "TOSHIBA
CORPORATION" AND/OR "TOSHIBA LIFESTYLE PRODUCTS
& SERVICES CORPORATION" (JOINTLY OR SEVERALLY,
"TOSHIBA"). CAREFU. CAREFULLY READ THIS EULA. USE
OF ANY TOSHIBA AND THIRD PARTY SOFTWARE OR ANY
RELATED DOCUMENTATION PREINSTALLED ON, OR SHIPPED
WITH, A TOSHIBA HARDWARE PRODUCT OR OTHERWISE
MADE AVAILABLE TO YOU BY TOSHIBA IN WHATEVER FORM
OR MEDIA (COLLECTIVELY, "SOFTWARE"), WILL CONSTITUTE
YOUR ACCEPTANCE OF THESE TERMS. IF SEPARATE TERMS
ARE PROVIDED BY THE THIRD PARTY LICENSOR, THE TERMS
OF THIS EULA THAT ARE NOT INCONSISTENT WITH THOSE
SEPARATE TERMS WILL CONTINUE TO BE APPLICABLE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THE SEPARATE TERMS PROVIDED BY THE THIRD PARTY
LICENSOR, TOSHIBA DOES NOT ACCEPT THE RETURN OF
COMPONENT PARTS, OR BUNDLED SOFTWARE, WHICH
HAVE BEEN REMOVED FROM THE TOSHIBA HARDWARE
PRODUCT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE
DO NOT COPY OR USE THE SOFTWARE. IF YOU WISH TO
RETURN A COMPLETE HARDWARE PRODUCT SYSTEM
(HARDWARE AND SOFTWARE), CONTACT THE TOSHIBA
DEALER WHERE YOU PURCHASED THE PRODUCT, AND
COMPLY WITH THE DEALER'S STANDARD RETURN POLICIES
AND PROCEDURES.
1. License Grant. The Software is licensed, not sold.
TOSHIBA grants to you a personal, non-transferable
and non-exclusive right to use the copy of the Software
provided with this EULA. With respect to non-TOSHIBA
Software, TOSHIBA is only passing through license
rights which may be granted by the owner/licensor
of such Software and TOSHIBA does not separately
license these rights to you. Each copy of the Software is
owned by TOSHIBA and/or its licensors. You agree you
will not copy the Software except as necessary to use
it on a single hardware product system at one location.
You agree that you may not copy the written materials
accompanying the Software. Modifying, translating,
renting, copying, distributing, 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. Furthermore, you hereby agree not
to create derivative works based on the Software. You
may permanently transfer all of your rights under this
EULA, provided you retain no copies, you transfer all
copies of the Software, and the recipient agrees to the
terms of this EULA. If the Software is an upgrade, any
transfer must include all prior versions of the Software
and all copies thereof. See Section 12 of this EULA for
open source software.
2. Copyright. You acknowledge that no title to the
copyright or any other intellectual property rights in the
Software is transferred to you. You further acknowledge
that title and full ownership rights to the Software and
all copies thereof will remain the exclusive property of
TOSHIBA and/or its licensors, and you will not by this
EULA acquire any rights to the Software or any copies
thereof, except the license expressly set forth above. All
copies of the Software will contain the same proprietary
notices as contained in or on the Software.
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Reference section
3. Use of Software with Copyrighted Materials; Indemnity.
Any materials (including but not limited to any and all
works of authorship) used or stored on this hardware
product or copied on or by this hardware product
may be owned by third parties and covered by one or
more copyrights or other intellectual property rights
of the US or other countries. Using, storing, copying,
modifying, distributing, performing, or displaying
such materials on this hardware product, or by or with
this hardware product, or transmitting, sharing, or
otherwise sending copies of such materials to other
hardware products or other persons, may violate the
copyrights or other intellectual property rights of
such third parties and may subject you to civil and/or
criminal liability.
You shall indemnify and hold TOSHIBA harmless from
any and all damages, liabilities, costs, and expenses,
including reasonable attorneys' fees and amounts
paid in settlement of third party or government
claims, incurred by TOSHIBA as a result of claims
alleging the violation of any third party copyrights
or other intellectual property rights based upon
(a) using, storing, copying, modifying, distributing,
performing, or displaying any third party materials on
this hardware product, or by or with hardware product,
or transmitting, sharing, or otherwise sending copies
of such materials to other hardware products or other
persons, or (b) your noncompliance with this EULA.
4. Critical Applications. The Software is not designed or
recommended for any "critical applications. " "Critical
applications" means life support systems, medical
applications, connections to implanted medical
devices, commercial transportation, nuclear facilities
or systems or any other applications where product
failure could lead to injury to persons or loss of life or
catastrophic property damage. Accordingly, SHOULD
YOU DECIDE TO USE THIS SOFTWARE FOR ANY CRITICAL
APPLICATION TOSHIBA disclaims any and all liability
arising out of the use of the SOFTWARE in any critical
APPLICATION. If YOU use the SOFTWARE in a critical
application, YOU, and not TOSHIBA, assume full
responsibility for such use. Further you shall indemnify
and hold TOSHIBA harmless from any and all damages,
liabilities, costs, and expenses, including reasonable
attorneys' fees and amounts paid in settlement of third
party or government claims, incurred by TOSHIBA as a
result of or in any way arising from such use.
5. Limitations on Reverse Engineering, Decompilation and
Disassembly. You may not reverse engineer, decompile,
or disassemble the Software in whole or in part, except
and only to the extent that such activity constitutes
a fair use under applicable copyright law, or has a
legitimate business purposes of accessing information
that is not protected by any intellectual property rights,
or is otherwise permitted by the applicable license for
the Software or applicable law notwithstanding this
limitation.
6. Disclaimer of Warranty and Limited Warranty.
TOSHIBA'S SOLE OBLIGATIONS WITH RESPECT TO
TOSHIBA SOFTWARE IS SET FORTH IN THIS EULA.
UNLESS OTHERWISE STATED IN WRITING, ALL TOSHIBA
SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTY OF ANY KIND BY TOSHIBA.
UNLESS NON-TOSHIBA SOFTWARE MANUFACTURERS,
SUPPLIERS EXPRESSLY OFFER THEIR OWN WARRANTIES
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