Toshiba 120/150 8-12

8-12 APPENDIX

You expressly acknowledge and agree that use of the Software is at your sole risk. The software and related documentation

are provided “AS IS” and without warranty of any kind and TOSHIBA and TOSHIBA’S Licensor(s) (for the purpose of

provisions 7 and 8, TOSHIBA and TOSHIBA’S Licensor(s) shall be collectively referred to as “TOSHIBA”) EXPRESSLY

DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOSHIBA DOES NOT

WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR

THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS

IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, TOSHIBA DOES NOT WARRANT OR MAKE ANY

REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED

DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO

ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOSHIBA OR A TOSHIBA AUTHORIZED

REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS

WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT TOSHIBA OR A TOSHIBA

AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR

CORRECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE

ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL TOSHIBA BE LIABLE FOR ANY INCIDENTAL,

SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE

SOFTWARE OR RELATED DOCUMENTATION, EVEN IF TOSHIBA OR A TOSHIBA AUTHORIZED

REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO

NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL

DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In no event shall TOSHIBA’S total liability to you for all damages, losses, and causes of action (whether in contract, tort

(including negligence) or otherwise) exceed the amount paid by you for the Software.

For a portion of the Software related with Apple Macintosh and Microsoft Windows, this license shall be governed by and

construed in accordance with the laws of the state of California and Washington, respectively. If for any reason a court

of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of

the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the

remainder of this License shall continue in full force and effect.

This License constitutes the entire agreement between the parties with respect to the use of the Software and related

documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such

subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly

authorized representative of TOSHIBA.