Disclaimer and Limitation of Remedy

English

h. Service of a DAV Product on which the TOSHIBA label or logo, rating label or serial number have been defaced or removed;

i. Damage to the DAV Product caused by failure to follow the specifications, User manuals or guides as to usage and/or storage.

j. Firmware updates that are posted to the Toshiba Support website and can be performed by the end user

TO THE EXTENT NOT PRECLUDED BY LAW, ALL OTHER EXPRESS AND IMPLIED WAR- RANTIES, CONDITIONS AND REPRESENTATIONS FOR THIS DAV PRODUCT, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED. IF THE APPLICABLE LAW, STATUTORY OR OTHERWISE, PRECLUDES THE EXCLUSION OF ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS THEN SUCH IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARE OTHERWISE LIMITED IN DURATION TO THE TERM OF THIS EXPRESS WRITTEN LIMITED WARRANTY. TO THE EXTENT NOT PRECLUDED BY LAW, STATUTORY OR OTHERWISE, THIS WRITTEN WARRANTY SUPERCEDES AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, CONDITION OR REPRESENTATION NOT STATED IN THIS WARRANTY, WHETHER MADE BY TCL, TOSHIBA CORPORATION, THEIR AFFILIATES, ADRs AND ASPs AND WHETHER MADE ORALLY OR IN WRITING (INCLUDING ANY STATEMENT IN ANY BROCHURE, PRESS RELEASE, ANNOUNCEMENT, ADVERTISEMENT, POINT OF SALE DISPLAY, ETC.).

YOU MUST READ AND FOLLOW ALL SET-UP AND USAGE INSTRUCTIONS IN THE APPLI- CABLE USER GUIDES AND/OR MANUALS. IF YOU FAIL TO DO SO, THIS DAV PRODUCT MAY NOT FUNCTION PROPERLY AND YOU MAY SUFFER DAMAGE. THIS WARRANTY WILL NOT COVER ANY SERVICE THAT IS REQUIRED, IN PART OR IN WHOLE, AS A RESULT OF ANY FAILURE TO FOLLOW THE SET-UP AND USAGE INSTRUCTIONS. THIS WARRANTY DOES NOT APPLY AND SHALL BE VOID AND UNENFORCEABLE IF THE DAV PRODUCT IS OPENED, SERVICED, OR REPAIRED BY PERSONS OTHER THAN THOSE AUTHORIZED BY TCL TO SER- VICE OR REPAIR THE DAV PRODUCT.

IF THE DAV PRODUCT FAILS TO WORK AS WARRANTED ABOVE, YOUR SOLE AND EX- CLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT OF THE DEFECTIVE PART. IN NO EVENT WILL TCL, TOSHIBA CORPORATION, THEIR AFFILIATES, ADRs OR ASPs (THE "RE-

LATED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, MONEY, REIMBURSEMENT, COSTS OR EXPENSES. THIS LIMITATION APPLIES TO DAMAGES, MONEY, REIMBURSEMENT, COSTS OR EXPENSES OF ANY KIND WHATSOEVER INCLUDING ANY DIRECT OR INDIRECT DAMAGES, DAMAGE TO PROPERTY OR PERSON, LOST PROFITS, LOST SAVINGS, INCONVENIENCE OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CON- SEQUENTIAL DAMAGES, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER A STATUTE OR UNDER ANY OTHER LAW OR FORM OR ACTION, OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE DAV PRODUCT, EVEN IF ANY OF THE RELATED PARTIES HAS BEEN ADVISED OF THE POS- SIBILITY OF SUCH DAMAGES OR OF ANY CLAIM BY ANY OTHER PARTY.

No person, agent, distributor, dealer or company is authorized to change, modify or extend the terms of these warranties in any manner whatsoever.

Arbitration and Dispute Resolution

To the extent not precluded by law, any claim, dispute, controversy or disagreement (whether for breach of warranty, breach of contract, tort (including negligence), under a statute or under any other law or form of action) against any of the Related Parties arising out of, or otherwise relating to: (i) this warranty; (ii) the DAV Product; (iii) any oral or written representations, statements, brochures, press releases, advertising,