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35
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
notifi cation 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 confl ict 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.
35


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