Toshiba IPedge Installation Manual page 9

QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NEITHER TAIS NOR ITS
SUPPLIERS 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. HOWEVER, TAIS WARRANTS THAT ANY MEDIA ON WHICH THE SOFTWARE IS
FURNISHED IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE
FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF DELIVERY TO YOU. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY TAIS OR A TAIS AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability. TAIS' AND/OR ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR SOLE AND
EXCLUSIVE REMEDY UNDER THIS EULA SHALL BE, AT TAIS' OPTION, REPLACEMENT OF THE
MEDIA OR REFUND OF THE PRICE PAID. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL TAIS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY,
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION/
DATA, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OR INABILITY
TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA
EVEN IF TAIS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TAIS OR ITS
SUPPLIERS BE LIABLE FOR ANY CLAIM BY A THIRD PARTY.
8. State/Jurisdiction Laws. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE/
JURISDICTION TO STATE/JURISDICTION.
9. Export Laws. This EULA involves products and/or technical data that may be controlled under the
United States and other countries, including but not limited to United States Export Administration
Regulations or any other applicable law, regulation or order ("Export Laws"). The products and/or technical
data involved with this EULA may not be exported without US Department of commerce, Bureau of Export
Administration authorization. Any export or re-export by you, directly or indirectly, in contravention of U.S.
Export Administration Regulation is prohibited. You shall comply with all Export Laws to assure that the
Software is not exported, directly or indirectly, in contravention of the Export Laws.
10. Governing Law. This EULA will be governed by the laws of the State of California, United States of
America, excluding its conflict of law provisions.
11. United States Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS.
The Software and other materials provided hereunder constitute Commercial Computer Software and
Software Documentation and Technical Data related to Commercial Items. Use, duplication, or disclosure
by the United States Government, its agencies and/or instrumentalities is subject to restrictions of this
Agreement pursuant to FAR 12.211, FAR 12.212(a), DFARS 227.7202-1, DFARS 227.7202-3(a), and
DFARS 252.227.7014(a)(1) as applicable. Without limiting the foregoing, use, duplication, or disclosure by
the United States Government, its agencies and/or instrumentalities is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software Clause at DFARS 252.227-
7013 (October 1988) or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted