Toshiba gigabeat U Series Startup Manual page 27

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in connection with Customer's purchase of the Product. No change to the conditions
of this Limited Warranty is valid unless it is made in writing and signed by an
authorized Vice President of Toshiba.
Disclaimer and Limitation of Remedy
ALL OTHER EXPRESS AND IMPLIED WARRANTIES FOR THIS PRODUCT,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT OF
THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. TOSHIBA EXPRESSLY
DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY.
ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE
LIMITED IN DURATION TO THE TERM OF THIS EXPRESS LIMITED
WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO CUSTOMER. CUSTOMER MUST READ AND FOLLOW ALL
SET-UP AND USAGE INSTRUCTIONS IN THE APPLICABLE USER GUIDES
AND/OR MANUALS ENCLOSED. IF CUSTOMER FAILS TO DO SO, THIS
PRODUCT MAY NOT FUNCTION PROPERLY AND MAY BE DAMAGED.
CUSTOMER MAY LOSE DATA OR SUSTAIN PERSONAL INJURIES. TOSHIBA,
ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT OPERATION OF
THIS PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. IF THIS
PRODUCT FAILS TO WORK AS WARRANTED ABOVE, CUSTOMER'S SOLE
AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT. IN NO
EVENT WILL TOSHIBA, ITS AFFILIATES OR SUPPLIERS BE LIABLE TO
CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF
THE PURCHASE PRICE OF THE PRODUCT. THIS LIMITATION APPLIES TO
DAMAGES OF ANY KIND WHATSOEVER INCLUDING (1) DAMAGE TO, OR
LOSS OR CORRUPTION OF, CUSTOMER'S RECORDS, PROGRAMS, DATA OR
REMOVABLE STORAGE MEDIA, OR (2) ANY DIRECT OR INDIRECT
DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER
FOR BREACH OF WARRANTY, CONTRACT, TORT OR OTHERWISE, OR
WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE