Toshiba e-studio 12 Operator's Manual page 33

6. Disclaimer of Warranty on Software.
Software is at your sole risk. The software and related documentation are provided "AS IS" and
without warranty of any kind and TOSHIBA and TOSHIBA'S Licensor(s) (for the purpose of provisions
7 and 8, TOSHIBA and TOSHIBA'S Licensor(s) shall be collectively referred to as "TOSHIBA")
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. TOSHIBA 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 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 OR A TOSHIBA 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 OR A TOSHIBA 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.
7. Limitation of Liability.
TOSHIBA 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 OR A TOSHIBA 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'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.
8. Controlling Law and Severability.
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.
9. Complete Agreement.
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.
You expressly acknowledge and agree that use of the
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL
For a portion of the Software related with Apple Macintosh
This License constitutes the entire agreement between the parties with