Toshiba BDX4200KU Owners Manual - Page 42

Others 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 "ASAVAILABLE," 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 NONINFRINGEMENT 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. 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™ player This document is statement purpose only. Not concerned with operation of this product. The software pre-installed in the TOSHIBA Blu-ray Disc™ player consists of multiple, independent software components. Each software component is copyrighted by TOSHIBA or a third party. The TOSHIBA Blu-ray Disc™ 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: 1-800-631-3811 TOSHIBA provides a warranty for the TOSHIBA Blu-ray Disc™ player you have purchased under conditions set forth by TOSHIBA. However, some of the software components distributed under an EULA are made available for use by the user on the assumption that they are not copyrighted or warranted by TOSHIBA or any third party. These software components are licensed to the user free of charge and therefore not covered by any warranty within the scope of the applicable laws. These software components are not subject to any copyrights or other third-party rights and are provided in "as is" condition without any warranty, whether express or implied. "Warranty" here includes, but not limited to, an implied warranty for marketability or fitness for specific uses. All risks associated with the quality or performance of these software components are assumed by the user. TOSHIBA shall not be liable whatsoever for any cost of repair or correction or other incidental expense incurred in connection with a defect found in any of these software components. Unless specified under the applicable laws or in a written agreement, a party who changes or redistributes the software with consent from the copyright holders or based on the aforementioned licenses shall not be held liable whatsoever for any loss arising from the use of or inability to use such software components. The same applies even when the copyright holders or relevant third parties have been informed of the possibility of such loss. "Loss" here includes normal, special, incidental and indirect loss (including, but not limited to, the loss of data or its accuracy; loss incurred by the user or any third party; and interface incompatibility with other software). Please read each EULA for details on the use conditions and items that must be observed regarding these software components. The table below lists the software components pre-installed in the TOSHIBA Blu-ray Disc™ player, which are subject to EULAs. The user should read the applicable EULAs carefully before using these software components. The EULAs are exhibited in their original text (English) as exactly written by the respective parties other than TOSHIBA. 42