Toshiba BDK33 User Guide - Page 49

License Information 49 ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY TOSHIBA.THIS EULA REPRESENTS THE SOLE AND EXCLUSIVE OBLIGATION OF TOSHIBA AND ITS SUPPLIERS WITH RESPECT TO THE SOFTWARE. Article 5 Limitation of Liability TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TOSHIBA AND/OR ITS SUPPLIERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERNCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TOSHIBA AND/OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU UNDER SUCH CIRCUMSTANCES. THE AGGREGATE LIABILITY OF TOSHIBA AND ITS SUPPLIERS IN CONNECTION WITH THE SOFTWARE, REGARDLESS OF THE FORM OF ANY LEGAL ACTION OR PROCEEDING, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT PAID FOR THE TOSHIBA BLURAY PLAYER. Article 6 Export Control Any export, directly or indirectly, of the Software in contravention of the United States Export Administration Regulations, or any other applicable law, regulation, or order, is prohibited. Article 7 Termination of License In the event that you fail to comply with any of the terms and conditions contained herein, Toshiba shall have the right to immediately terminate this Agreement without any notification to you. Upon termination of this Agreement, you shall cease all use of the Software and destroy all copies, in whole and/or in part. Article 8 Governing Law This EULA is governed by the laws of Japan, without references to the conflict of laws principles. Any and all disputes arising hereunder shall be resolved exclusively by the Tokyo District Court, Japan, and you hereby consent to the exclusive jurisdiction of such court. Article 9 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. (C) 2001-2010 Toshiba Corporation The Software contains Macromedia® [Flash®] [Flash Lite™] technology of Adobe Systems Incorporated. Copyright© 1995-200[7] Adobe Systems Incorporated. All rights reserved. Macromedia, Flash, Macromedia Flash, [and Macromedia Flash Lite] are trademarks or registered trademarks of Adobe Systems Incorporated in the United States and other countries. License information on the software used in the TOSHIBA Blu-ray Disc™/DVD player This document is statement purpose only. Not concerned with operation of this product. The software pre-installed in the TOSHIBA Blu-ray Disc™/DVD player consists of multiple, independent software components. Each software component is copyrighted by TOSHIBA or a third party. The TOSHIBA Blu-ray Disc™/DVD player uses software components that are distributed as freeware under a third-party end-user license agreement or copyright notice (hereinafter referred to as a "EULA"). Some EULAs require that the source code of the applicable component be disclosed as the condition for distributing the software component in executable format. You can check the software components subject to such EULA requirements on the following phone number: Phone number: 888-592-0944