Software License

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. License.

The application, demonstration, system and other software accompanying this License, whether on disk, in read only memory, or on any other media (the “Software”) and related documentation are licensed to you by TOSHIBA. You own the disk on which the Software is recorded but TOSHIBA and/or TOSHIBA’S Licensors retain title to the Software and related documentation. This License allows you to use the Software on one or more computers connected to a single printer and make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the TOSHIBA copyright notice, the copyright notice of TOSHIBA’S Licensors and any other proprietary legends of TOSHIBA and/or its Licensors that were on the original copy of the Software. You may also transfer all your license rights in the software, the backup copy of the Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to the terms and conditions of this License.

2. Restrictions.

The Software contains copyrighted material, trade secrets and other proprietary material which is owned by TOSHIBA and/or its Licensors and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another or over a network.

3. Termination.

This license is effective until terminated. You may terminate this License at any time by destroying the Software and related documentation and all copies thereof. This License will terminate immediately without notice from TOSHIBA and/or TOSHIBA’S Licensors if you fail to comply with any provision of this License. Upon termination you must destroy the Software and related documentation and all copies thereof.

4. Export Law Assurances.

You agree and certify that neither the Software nor any other technical data received from TOSHIBA, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from TOSHIBA, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and the regulation of the jurisdiction in which you obtained the Software.

5. Government End Users.

If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:

(i)if the Software is supplied to the Department of Defense (DoD), the Software is classified as “Commercial Computer Software” and the Government is acquiring only “restricted rights” in the Software and its documentation as that term is defined in Clause 252.227-7013 (c)(1) of the DFARS; and

(ii)if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government’s rights in the Software and its documentation will be as defined in Clause 52.227-19 (c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86 (d) of the NASA Supplement to the FAR.

6. Limited Warranty on Media.

TOSHIBA warrants the disks on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. The entire liability of TOSHIBA and/or its Licensors and your exclusive remedy will be replacement of the disk which fails to meet the limited warranty provided by this Clause 6. A disk will be replaced when it is returned to TOSHIBA or a TOSHIBA authorized representative with a copy of the receipt. TOSHIBA will have no responsibility to replace a disk damaged by accident, abuse or misapplication.

ANY IMPLIED WARRANTIES ON THE DISKS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY

(90)DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

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