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Disclaimer of Warranty
THIS SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. TTEC AND ITS SUPPLIERS
DISCLAIM ANY WARRANTY RELATING TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE. IF THE SOFTWARE PROVES DEFECTIVE, YOU (AND NOT
TTEC OR ITS SUPPLIERS) SHALL BE RESPONSIBLE FOR THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TTEC AND ITS
SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
ALL INFORMATION CONTAINED HEREIN THAT IS PROVIDED BY TTEC AND
ITS AFFILIATES PURSUANT TO A EULA IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Limitation of Liability
IN NO EVENT WILL TTEC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE (EXCEPT
PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART
OF TTEC OR ITS SUPPLIERS), INCLUDING WITHOUT LIMITATION ANY LOST
PROFITS, LOST DATA, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE SOFTWARE, EVEN IF TTEC OR ITS SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, NOR FOR THIRD PARTY CLAIMS.
U.S. Government Restricted Rights
The Software is provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the U.S. Government is subject to restrictions set forth in
subdivision (b) (3) (ii) or (c) (i) (ii) of the Rights in Technical Data and
Computer Software Clause set forth in 252.227-7013, or 52.227-19 (c) (2)
of the DOD FAR, as appropriate. Contractor/Manufacturer is TOSHIBA TEC
Corporation, 6-78, Minami-cho, Mishima-shi, Shizuoka-ken, 411-8520,
Japan.
General
You may not sublicense, lease, rent, assign or transfer this license or the
Software. Any attempt to sublicense, lease, rent, assign or transfer any of
the rights, duties or obligations hereunder is void. You agree that you do not
intend to, and will not ship, transmit (directly or indirectly) the Software,
including any copies of the Software, or any technical data contained in the
Software or its media, or any direct product thereof, to any country or
destination prohibited by the United States Government. This license shall be
governed by the laws of Japan or, at the election of a Supplier of TTEC
concerned with a dispute arising from or relating to this Agreement, the laws
of the Country designated from time to time by the relevant Supplier of
TTEC. If any provision or portion of this Agreement shall be found to be
illegal, invalid or unenforceable, the remaining provisions or portions shall
remain in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND
THAT YOU UNDERSTAND ITS PROVISIONS. YOU AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS LICENSE
AGREEMENT CONTAINS THE COMPLETE AND EXCLUSIVE AGREEMENT
BETWEEN YOU AND TTEC AND ITS SUPPLIERS AND SUPERSEDES ANY
PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, OR ANY OTHER
COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS LICENSE
AGREEMENT.
TOSHIBA TEC Corporation, 6-78, Minami-cho, Mishima-shi, Shizuoka-ken,
411-8520, Japan.
10


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