Toshiba IP4100 Installation Manual page 17

GIVEN BY TOSHIBA OR A TOSHIBA 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. TOSHIBA'S AND/OR ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR SOLE
AND EXCLUSIVE REMEDY UNDER THIS EULA SHALL BE, AT TOSHIBA'S OPTION, REPLACEMENT
OF THE SOFTWARE OR REFUND OF THE PRICE PAID. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL TOSHIBA 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 TOSHIBA 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
TOSHIBA 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 all
applicable export control laws, regulations and orders, including but not limited to United States Export
Administration Regulations or any other applicable law ("Export Laws"). The products and/or technical
data involved with this EULA may not be exported without appropriate government authorization. Any
export or re-export by you, directly or indirectly, in contravention of the Export Laws is prohibited. You
shall comply with the 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 Japan, excluding its conflict of law
provisions.
11. Severability. If any provision of this EULA shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or
impaired.
12. No Waiver. No waiver of any breach of any provision of this EULA shall constitute a waiver of any
prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized representative of the waiving party. To the
extent the terms of any TOSHIBA policies or programs for support services conflict with the terms of this
EULA, the terms of this EULA shall prevail.
13. Supplier Software. The Software may include certain software provided by TOSHIBA suppliers. In
such event, you agree that such supplier may be designated by TOSHIBA as a third party beneficiary of
TOSHIBA with rights to enforce the EULA with respect to supplier's software.