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Toshiba Corporation
9
Toshiba Corporation
5. LIMITATION OF LIABILITY. TO THE
FULLEST EXTENT LEGALLY PERMITTED, IN
NO EVENT SHALL TOSHIBA, TOSHIBA'S
AFFILIATES OR THEIR SUPPLIERS BE
LIABLE TO YOU FOR ANY DAMAGES FOR
(A) LOST BUSINESS OR REVENUE,
BUSINESS INTERRUPTION, LOSS OF
BUSINESS DATA; OR (B) CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR INDIRECT
DAMAGES OF ANY KIND (WHETHER
UNDER CONTRACT, TORT OR
OTHERWISE) 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.
11


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