Toshiba 2500C, 3500C, 3510C Limitation of Liability, U.S. Government Restricted Rights, General

ALL INFORMATION CONTAINED HEREIN THAT IS PROVIDED BY TTEC AND ITS AFFILI- ATES PURSUANT TO A EULA IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Limitation of Liability

IN NO EVENT WILL TTEC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF TTEC OR ITS SUPPLIERS), INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF TTEC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR FOR THIRD PARTY CLAIMS.

U.S. Government Restricted Rights

The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in subdivision (b) (3) (ii) or (c) (i) (ii) of the Rights in Technical Data and Computer Software Clause set forth in 252.227-7013, or 52.227-19

(c)(2) of the DOD FAR, as appropriate. Contractor/Manufacturer is TOSHIBA TEC Corporation, 6-78, Minami-cho, Mishima-shi, Shizuoka-ken, 411-8520, Japan.

General

You may not sublicense, lease, rent, assign or transfer this license or the Software. Any attempt to sublicense, lease, rent, assign or transfer any of the rights, duties or obligations hereunder is void. You agree that you do not intend to, and will not ship, transmit (directly or indirectly) the Software, including any copies of the Software, or any technical data contained in the Software or its media, or any direct product thereof, to any country or destination prohibited by the United States Government. This license shall be governed by the laws of Japan or, at the election of a Supplier of TTEC concerned with a dispute arising from or relating to this Agreement, the laws of the Country designated from time to time by the relevant Supplier of TTEC. If any provision or portion of this Agreement shall be found to be illegal, invalid or unenforceable, the remaining provisions or portions shall remain in full force and effect.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU UNDERSTAND ITS PROVISIONS. YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS LICENSE AGREEMENT CONTAINS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND TTEC AND ITS SUPPLI- ERS AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, OR ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.

TOSHIBA TEC Corporation, 6-78, Minami-cho, Mishima-shi, Shizuoka-ken, 411-8520, Japan.

2 SOFTWARE LICENSE AGREEMENT