License Information Article 4 Disclaimer

License Information	49

Article 4 Disclaimer

Third Party Materials

This Service may enable access to ToshibaÊs and third party services and web sites, the Toshiba website within the Toshiba community and any other features, content, or services offered from time to time by Toshiba in connection with its website or this Application (collectively and individually, „ Third Party Services‰). You understand that by using any of the Third Party Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Third Party Services at Your sole risk and that Toshiba shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties („Third Party Materials‰) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Toshiba is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Toshiba does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from Your device are not available in all languages or in all countries. Toshiba makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Toshiba, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Toshiba be liable for the removal of or disabling of access to any such Services. Toshiba may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Article 5 Disclaimer

5.1.THE HARDWARE PRODUCT LIMITED WARRANTY IS SET FORTH IN THE DOCUMENTATION ACCOMPANYING THE HARDWARE PRODUCT.

5.2.THE SOFTWARE IS PROVIDED „AS-IS‰ AND „ASAVAILABLE,‰ WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY TOSHIBA.THIS EULA REPRESENTS THE SOLE AND EXCLUSIVE OBLIGATION OF TOSHIBA AND ITS SUPPLIERS WITH RESPECT TO THE SOFTWARE.

Article 6 Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TOSHIBA AND/OR ITS SUPPLIERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,