Toshiba TS705 User Guide - Page 8

Export Laws, Third Party Beneficiary, Transfers, RETAIN A COPY OF ALL DATA YOU - price

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Toshiba Corporation Toshiba Corporation ARISING OUT OF: (I) THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF TOSHIBA, TOSHIBA'S AFFILIATES OR THEIR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM BY A THIRD PARTY. SAVE AS SET OUT IN THIS SECTION, TOSHIBA'S ENTIRE LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE, IF ANY. THE ABOVE DISCLAIMER AND LIMITATION DOES NOT EXCLUDE OR LIMIT (A) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (B) ANY MANDATORY LEGAL RIGHT OR LIABILITY TO THE EXTENT THAT IT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW.PLEASE MAKE AND RETAIN A COPY OF ALL DATA YOU HAVE INSERTED INTO YOUR PRODUCT, FOR EXAMPLE NAMES, ADDRESSES, PHONE NUMBERS, PICTURES, RINGTONES ETC, BEFORE SUBMITTING YOUR PRODUCT FOR A WARRANTY SERVICE, AS SUCH DATA MAY BE DELETED OR ERASED AS PART OF THE REPAIR OR SERVICE PROCESS. 6. Laws. This EULA will be governed by the laws of England and Wales. All disputes arising out of this EULA shall be subject to the exclusive jurisdiction of the English Courts. 7. Export Laws. Any use, duplication or employment of the Software involves products and/or technical data that may be controlled under the export laws of applicable countries or region and may be subject to the approval of the applicable governmental authorities prior to export. Any export, directly or indirectly, in contravention of the export laws of applicable countries or region is prohibited. 8. Third Party Beneficiary. You agree that certain suppliers of the Software to Toshiba have a right as a third party beneficiary to enforce the terms of this EULA against you as a user. 9. Transfers. The Software may be transferred only as installed on the Phone to a lawful third party user, where that party accepts the terms of this EULA which will continue to apply. 10. IF YOU ARE DEALING AS A CONSUMER IN THE UK & THE SOFTWARE QUALIFIES AS 'GOODS', YOUR STATUTORY RIGHTS UNDER APPLICABLE LAW ARE NOT AFFECTED. 7

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Toshiba Corporation
7
Toshiba Corporation
ARISING OUT OF: (I) THE USE OR INABILITY
TO USE THE SOFTWARE, EVEN IF TOSHIBA,
TOSHIBA'S AFFILIATES OR THEIR
SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES; OR (II)
ANY CLAIM BY A THIRD PARTY. SAVE AS
SET OUT IN THIS SECTION, TOSHIBA'S
ENTIRE LIABILITY UNDER THIS EULA SHALL
NOT EXCEED THE PRICE PAID FOR THE
SOFTWARE, IF ANY. THE ABOVE
DISCLAIMER AND LIMITATION DOES NOT
EXCLUDE OR LIMIT (A) LIABILITY FOR
DEATH
OR
PERSONAL
INJURY
CAUSED
BY NEGLIGENCE; OR (B) ANY
MANDATORY LEGAL RIGHT OR LIABILITY
TO THE EXTENT THAT IT CANNOT BE
LAWFULLY EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.PLEASE MAKE AND
RETAIN A COPY OF ALL DATA YOU HAVE
INSERTED INTO YOUR PRODUCT, FOR
EXAMPLE NAMES, ADDRESSES, PHONE
NUMBERS, PICTURES, RINGTONES ETC,
BEFORE SUBMITTING YOUR PRODUCT
FOR A WARRANTY SERVICE, AS SUCH
DATA MAY BE DELETED OR ERASED AS
PART OF THE REPAIR OR SERVICE
PROCESS.
6.
Laws
. This EULA will be governed by the laws
of England and Wales. All disputes arising out of
this EULA shall be subject to the exclusive
jurisdiction of the English Courts.
7.
Export Laws
. Any use, duplication or
employment of the Software involves products
and/or technical data that may be controlled
under the export laws of applicable countries or
region and may be
subject to the approval of
the applicable governmental authorities prior to
export. Any export, directly or indirectly, in
contravention of the export laws of applicable
countries or region is prohibited.
8.
Third Party Beneficiary
. You agree that certain
suppliers of the Software to Toshiba have a right
as a third party beneficiary to enforce the terms
of this EULA against you as a user.
9.
Transfers
. The Software may be transferred
only as installed on the Phone to a lawful third
party user, where that party accepts the terms of
this EULA which will continue to apply.
10. IF YOU ARE DEALING AS A CONSUMER IN
THE UK & THE SOFTWARE QUALIFIES AS
'GOODS', YOUR STATUTORY RIGHTS
UNDER APPLICABLE LAW ARE NOT
AFFECTED.