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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
D I S C LA IM ER AN D L IM I T A T I ON DO ES NO T
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.
8


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