Toshiba BDX3000KU Owners Manual - Page 49

License Grant and Use Conditions

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END USER LICENSE AGREEMENT This End User License Agreement ("EULA") is a legal agreement between you and Toshiba Corporation ("Toshiba") with regard to the copyrighted Software provided with this EULA. Use of any software and related documentation ("Software") provided with a Toshiba Blu-ray Player, or made available by downloading or otherwise to you by Toshiba in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier or Toshiba in the documentation accompanying the Toshiba Blu-ray Player or otherwise, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not use, download, install or copy the Software. If you wish to return a complete Blu-ray Player system (hardware and software), contact the retailer where you purchased the Blu-ray Player, and comply with the retailer's standard return policies and procedures. Article 1 Definition The Software means all programs contained in the Toshiba Blu-ray Player. The copyright of the Software belongs to Toshiba and/ or its suppliers, including BSQUARE Corporation and/or its suppliers. The Software is protected by copyright laws, Universal Copyright Convention, and other laws and conventions related to intellectual property rights. The content of the Software and manual is subject to change by Toshiba without notice. Article 2 License Grant and Use Conditions Toshiba grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software in accordance with this EULA. You may permanently transfer all of your rights under this EULA, provided you transfer complete Blu-ray Player together with all of the Software, you retain no copies, and the recipient agrees to the terms of this EULA. If the Software is an upgrade version, any transfer must include all prior versions of the Software. For maintenance purposes, you may update the version of the Software only for the Blu-ray Player that is owned by you. Article 3 Prohibited Uses Unless otherwise expressly provided in this EULA or the product manual accompanying the Toshiba Blu-ray Player: 3.1. You may not copy the Software, in whole or in part, without express written permission by Toshiba and/or its suppliers. 3.2. You may not assign, resell, distribute or sublicense the Software or a copy of the Software. 3.3. You may not create, assign, resell, or sublicense secondary works of the Software without permission. 3.4. You may not modify, analyze, reverse engineer, decompile or disassemble any part of the Software. 3.5. You may not combine or incorporate the Software with or into any other application. 3.6. You may not print the Software. Article 4 Disclaimer 4.1. THE HARDWARE PRODUCT LIMITED WARRANTY IS SET FORTH IN THE DOCUMENTATION ACCOMPANYING THE HARDWARE PRODUCT. 4.2. THE SOFTWARE IS PROVIDED "AS-IS" AND "AS-AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. 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.

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END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is a legal agreement between you and Toshiba Corporation ("Toshiba") with regard
to the copyrighted Software provided with this EULA.
Use of any software and related documentation ("Software") provided
with a Toshiba Blu-ray Player, or made available
by
downloading or otherwise
to
you
by Toshiba
in
whatever form or media,
will constitute your acceptance of these terms, unless separate terms are provided
by
the software supplier or Toshiba
in
the
documentation accompanying the Toshiba Blu-ray Player or otherwise,
in
which case certain additional or different terms may
apply. If you do not agree with the terms of this EULA, do not use, download, install or copy the Software.
If
you
wish to return
a complete Blu-ray Player system (hardware and software), contact the retailer where
you
purchased the Blu-ray Player, and
comply with the retailer's standard return policies and procedures.
Article 1
Definition
The Software means all programs contained
in
the Toshiba Blu-ray Player. The copyright of the Software belongs to Toshiba and/
or its suppliers, including BSQUARE Corporation and/or its suppliers. The Software is protected
by
copyright laws, Universal
Copyright Convention, and other laws and conventions related to intellectual property rights. The content of the Software and
manual is subject to change
by
Toshiba without notice.
Article 2
License Grant and Use Conditions
Toshiba grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software
in
accordance with
this EULA.
You
may permanently transfer
all
of your rights under this EULA, provided you transfer complete Blu-ray Player
together with all of the Software,
you
retain no copies, and the recipient agrees to the terms of this EULA.
If
the Software is
an
upgrade version, any transfer must include all prior versions of the Software. For maintenance purposes,
you
may update the
version of the Software only for the Blu-ray Player that is owned
by
you.
Article 3
Prohibited Uses
Unless otherwise expressly provided
in
this EULA or the product manual accompanying the Toshiba Blu-ray Player:
3.1.
You
may not copy the Software, in whole or in part, without express written permission by Toshiba and/or its
suppliers.
3.2.
You
may not assign, resell, distribute or sublicense the Software or a copy of the Software.
3.3.
You
may not create, assign, resell, or sublicense secondary works of the Software without permission.
3.4.
You
may not modify, analyze, reverse engineer, decompile or disassemble any part of the Software.
3.5.
You
may not combine or incorporate the Software with or into any other application.
3.6.
You
may not print the Software.
Article 4
Disclaimer
4.1.
THE HARDWARE PRODUCT LIMITED WARRANTY
IS
SET FORTH
IN
THE DOCUMENTATION ACCOMPANYING THE
HARDWARE PRODUCT.
4.2. THE
SOFTWARE
IS
PROVIDED "AS-IS" AND "AS-AVAILABLE,"
WITHOUT WARRANTIES
OF ANY
KIND.
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 BLU-
RAY
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.