Toshiba IP4100 Installation Manual page 10

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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION
TO STATE/JURISDICTION.
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
SOFTWARE 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. DATA USAGE RATES MAY
APPLY WHEN DATA IS SENT OR RECEIVED WHILE USING THE SOFTWARE. YOU ARE SOLELY
RESPONSIBLE FOR ANY SUCH DATA USAGE AND APPLICABLE CHARGES. ASK YOUR WIRELESS
PROVIDER FOR FURTHER DETAILS ON RATES THAT MAY APPLY TO YOU.
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, THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE
EXCLUSION OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, SO
SUCH LIMITATIONS OR EXCLUSIONS IN THIS EULA MAY NOT APPLY TO YOU.
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 Rights at 48 CFR 52.227-19, FAR 52.227-19(b)(1) and (2)