Toshiba 39L4300 Series Owner's Manual page 57

End User License Agreement
IMPORTANT: THIS END USER LICENSE AGREEMENT
("EULA") IS A LEGAL AGREEMENT BETWEEN YOU
AND TOSHIBA. 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
Reference section
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.
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
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