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Toshiba Corporation
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. THE ABOVE
DISCLAIMER AND LIMITATION DOES NOT EXCLUDE OR
LIMIT (A) LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY NEGLIGENCE; OR (B) ANY MANDATORY LEGAL
RIGHT OR LIABILITY TO THE EXTENT THAT IT CANNOT BE
LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE
LAW. 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 England and
Wales. All disputes arising out of this EULA shall be subject to the
exclusive jurisdiction of the English Courts.
7.
Export Laws. Any use, duplication or employment 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
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countries or region is prohibited.
8.
Third Party Beneficiary. You agree that certain suppliers of the
Software to Toshiba have a right as a third party beneficiary to
enforce the terms of this EULA against you as a user.
9.
Transfers. The Software may be transferred only as installed on
the Phone to a lawful third party user, where that party accepts
the terms of this EULA, which will continue to apply.
10. IF YOU ARE DEALING AS A CONSUMER IN THE UK AND THE
SOFTWARE QUALIFIES AS 'GOODS', YOUR STATUTORY
RIGHTS UNDER APPLICABLE LAW ARE NOT AFFECTED.
11. The Software is subject to change for upgrading purposes
without prior notice.
EU Warranty
Your Toshiba phone, battery and AC charger contain no user
serviceable parts. For further information on service, please contact
your retailer or service provider.
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