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6. Limited Warranty on Media.
TOSHIBA TEC warrants the disks on which the Software is recorded to be free from defects in materials
and workmanship under normal use for a period of ninety (90) days from the date of purchase as
evidenced by a copy of the receipt. The entire liability of TOSHIBA TEC and/or its Licensors and your
exclusive remedy will be replacement of the disk which fails to meet the limited warranty provided by
this Clause 6. A disk will be replaced when it is returned to TOSHIBA TEC or a TOSHIBA TEC
authorized representative with a copy of the receipt. TOSHIBA TEC will have no responsibility to
replace a disk damaged by accident, abuse or misapplication.
ANY IMPLIED WARRANTIES ON THE DISKS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM JURISDICTION TO JURISDICTION.
7. Disclaimer of Warranty on Software.
You expressly acknowledge and agree that use of the Software is at your sole risk. The software and
related documentation are provided "AS IS" and without warranty of any kind and TOSHIBA TEC and
TOSHIBA TEC'S Licensor(s) (for the purpose of provisions 7 and 8, TOSHIBA TEC and TOSHIBA
TEC'S Licensor(s) shall be collectively referred to as "TOSHIBA TEC") EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TOSHIBA TEC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. FURTHERMORE, TOSHIBA TEC DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY TOSHIBA TEC OR A TOSHIBA TEC AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT TOSHIBA TEC
OR A TOSHIBA TEC AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION, SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL TOSHIBA TEC BE LIABLE
FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF
TOSHIBA TEC OR A TOSHIBA TEC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall TOSHIBA TEC'S total liability to you for all damages, losses, and causes of action
(whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the
Software.
9. Controlling Law and Severability.
For a portion of the Software related with Apple Macintosh and Microsoft Windows, this license shall be
governed by and construed in accordance with the laws of the state of California and Washington,
respectively. If for any reason a court of competent jurisdiction finds any provision of this License, or
portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue
in full force and effect.
10. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the Software
and related documentation, and supersedes all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. No amendment to or modification of this License will be
binding unless in writing and signed by a duly authorized representative of TOSHIBA TEC.
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