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viii
Disclaimer Notice
The following notice sets out the exclusions and limitations of liability of
TOSHIBA TEC CORPORATION (including its employees, agents and sub-
contractors) to any purchaser or user (‘User’) of the e-STUDIO200S,
including its accessories, options and bundled software (‘Product’).
1. The exclusion and limitations of liability referred to in this notice shall be
effective to the fullest extent permissible at law. For the avoidance of
doubt, nothing in this notice shall be taken to exclude or limit TOSHIBA
TEC CORPORATION’s liability for death or personal injury caused by
TOSHIBA TEC CORPORATION’s negligence or TOSHIBA TEC
CORPORATION’s fraudulent misrepresentation.
2. All warranties, conditions and other terms implied by law are, to the
fullest extent permitted by law, excluded and no such implied warranties
are given or apply in relation to the Products.
3. TOSHIBA TEC CORPORATION shall not be liable for any loss, cost,
expense, claim or damage whatsoever caused by any of the following:
(a) use or handling of the Product otherwise than in accordance with the
manuals, including but not limited to Operator’s Manual, User’s Guide,
and/or incorrect or careless handling or use of the Product;
(b) any cause which prevents the Product from operating or functioning
correctly which arises from or is attributable to either acts, omissions,
events or accidents beyond the reasonable control of TOSHIBA TEC
CORPORATION including without limitation acts of God, war, riot, civil
commotion, malicious or deliberate damage, fire, flood, or storm,
natural calamity, earthquakes, abnormal voltage or other disasters;
(c) additions, modifications, disassembly, transportation, or repairs by
any person other than service technicians authorized by TOSHIBA TEC
CORPORATION; or
(d) use of paper, supplies or parts other than those recommended by
TOSHIBA TEC CORPORATION.
4. Subject to paragraph 1, TOSHIBA TEC CORPORATION shall not be liable
to Customer for:
(a) loss of profits; loss of sales or turnover; loss of or damage to
reputation; loss of production; loss of anticipated savings; loss of
goodwill or business opportunities; loss of customers; loss of, or loss of
use of, any software or data; loss under or in relation to any contract;
or
(b) any special, incidental, consequential or indirect loss or damage,
costs, expenses, financial loss or claims for consequential
compensation;
whatsoever and howsoever caused which arise out of or in connection
with the Product or the use or handling of the Product even if TOSHIBA
TEC CORPORATION is advised of the possibility of such damages.
TOSHIBA TEC CORPORATION shall not be liable for any loss, cost,
expense, claim or damage caused by any inability to use (including, but
not limited to failure, malfunction, hang-up, virus infection or other
problems) which arises from use of the Product with hardware, goods or
software which TOSHIBA TEC CORPORATION has not directly or
indirectly supplied.
Software License Agreement
INSTALLING OR OTHERWISE USING THIS SOFTWARE PRODUCT
CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND
CONDITIONS (UNLESS A SEPARATE LICENSE IS PROVIDED BY THE
SUPPLIER OF APPLICABLE SOFTWARE IN WHICH CASE SUCH SEPARATE
LICENSE SHALL APPLY). IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY
NOT INSTALL OR USE THIS SOFTWARE, AND YOU MUST PROMPTLY RETURN
THE SOFTWARE TO THE LOCATION WHERE YOU OBTAINED IT.
THE SOFTWARE INSTALLED ON THIS PRODUCT INCLUDES NUMEROUS
INDIVIDUAL SOFTWARE COMPONENTS, EACH HAVING ITS OWN
APPLICABLE END USER LICENSE AGREEMENT (“EULA”). INFORMATION
RELATING TO THE EULAS MAY BE FOUND IN AN ELECTRONIC FILE
INCLUDED ON THE USER DOCUMENTATION CD-ROM INCLUDED HEREWITH;
HOWEVER, ALL SOFTWARE AND DOCUMENTATION DEVELOPED OR CREATED
BY OR FOR TOSHIBA TEC CORPORATION (“TTEC”) ARE PROPRIETARY
PRODUCTS OF TTEC AND ARE PROTECTED BY COPYRIGHT LAWS,
INTERNATIONAL TREATY PROVISIONS, AND OTHER APPLICABLE LAWS.
Grant of License
This is a legal agreement between you, the end-user (“You”), and TTEC and
its suppliers. This software, fonts (including their typefaces) and related
documentation (“Software”) is licensed for use with the system CPU on which
it was installed (“System”) in accordance with the terms contained in this
Agreement. This Software is proprietary to TTEC and/or its suppliers.
TTEC and its suppliers disclaim responsibility for the installation and/or use
of this Software, and for the results obtained by using this Software. You may
use one copy of the Software as installed on a single System, and may not
copy the Software for any reason except as necessary to use the Software
on a single System. Any copies of the Software shall be subject to the
conditions of this Agreement.
You may not, nor cause or permit any third party to, modify, adapt, merge,
translate, reverse compile, reverse assemble, or reverse engineer the
Software. You may not use the Software, except in accordance with this
license. No title to the intellectual property in the Software is transferred to
you and full ownership is retained by TTEC or its suppliers. Source code of
the Software is not licensed to you. You will be held legally responsible for
any copyright infringement, unauthorized transfer, reproduction or use of the
Software or its documentation.
Term
This license is effective until terminated by TTEC or upon your failure to
comply with any term of this Agreement. Upon termination, you agree to
destroy all copies of the Software and its documentation.
You may terminate this license at any time by destroying the Software and
its documentation and all copies.
9


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