Toshiba 46SL417U User Manual - Page 91

Chapter 10: Appendix promotional material relating to the Television; (iv) the relationships that result from this warranty, (the foregoing claims, disputes controversies and disagreements are collectively referred to as the "Dispute"), shall be referred to and resolved by final and binding arbitration (to the exclusion of the courts). To the extent not precluded by law, you agree to waive any right that you may have to commence or participate in any representative or class proceeding against the Related Parties relating to any Dispute. If and where applicable and to the extent not precluded by law, you further agree to opt out of any such representative or class proceedings. Arbitration of any Dispute will be conducted in the forum and in the manner as agreed to between you and TCL. Failing such agreement, the arbitration will be conducted by one arbitrator pursuant to the laws and rules relating to arbitration generally in force in the jurisdiction in which you reside at the time that the Dispute arises. To the extent not precluded by law, no claim, dispute, controversy or disagreement of any other person may be joined or combined with any Dispute by you, without the prior written consent of TCL. Critical Applications The Television you have purchased is not designed for any "critical applications." "Critical applications" means life support systems, medical applications, connections to implanted medical devices, commercial transportation, nuclear facilities or systems or any other applications where Television failure could lead to injury to persons or loss of life or catastrophic property damage. IF THE CUSTOMER USES THE TELEVISION IN ANY CRITICAL APPLICATION, THE CUSTOMER AND NOT TCL, ITS AFFILIATES, ADRs OR ASPs - ASSUME SOLE AND FULL RESPONSIBILITY FOR SUCH USE. TCL RESERVES THE RIGHT TO REFUSE TO SERVICE ANY TELEVISION USED IN A CRITICAL APPLICATION. TCL, ITS AFFILIATES, ADRs AND ASPs HEREBY DISCLAIM ANY AND ALL LIABILITY, DAMAGES AND CONSEQUENCES ARISING OUT OF THE SERVICE OR REFUSAL TO SERVICE SUCH TELEVISION AND FURTHER DISCLAIM ANY AND ALL LIABILITY, CONSEQUENCES AND DAMAGES THAT MAY ARISE OR RESULT FROM THE USE OF THE TELEVISION IN ANY CRITICAL APPLICATIONS. General Provisions If and to the extent that any provision of this limited warranty should generally be found to be unenforceable, the unenforceable provision shall be severed from the warranty and deemed not to form part of the warranty. The remaining provisions of this warranty shall be and remain valid and enforceable. If and to the extent that any provision of this limited warranty as it relates to any of the Related Parties is found to be invalid or unenforceable in respect of that party (the "Excluded Party"), the Excluded Party shall be deemed to be severed or excluded from the provision, and the provision shall remain valid, enforceable and applicable in respect of the other or remaining Related Parties. To the extent permitted by law, this limited warranty shall be governed and construed in accordance with the laws of Ontario. If there is any inconsistency between this limited warranty, on the one hand, and any statement in the packaging of the Television or in any other document enclosed with, or used in the context of the promotion or sale of, the Television, on the other hand, the provisions of this limited warranty shall prevail. How to Obtain Warranty Services If, after following all of the operating instructions in this manual, checked the "Troubleshooting" section, and have visited www.toshiba.ca/support for additional information, you find that service is needed, please contact TCL Customer Support toll free at 1 800 268-3404. For at least three (3) years from the date of distribution of the this product, Toshiba will give to anyone who contacts Toshiba Consumer Solutions at (800) 631-3811, for a charge of no more than our cost of physically performing source code distribution, a complete machine-readable copy of the complete corresponding GPL and LGPL source code for the version of the GPL and LGPL code that we distributed to you in this product. WMDRM End User Notice Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. This device uses WMDRM software to access WMDRM-protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft to revoke the software's ability to use WMDRM to play or copy protected content. Revocation does not affect unprotected content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade. 91