Toshiba 3540C, 5540C, 456SE, 306SE, 356, 256 End User Software License Agreement, Grant of License

End User Software License Agreement

INSTALLING OR OTHERWISE USING THIS SOFTWARE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS (UNLESS A SEPARATE LICENSE IS PROVIDED BY THE SUPPLIER OF APPLICABLE SOFTWARE IN WHICH CASE SUCH SEPARATE LICENSE SHALL APPLY). IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT INSTALL OR USE THIS SOFTWARE, AND YOU MUST PROMPTLY RETURN THE SOFTWARE TO THE LOCATION WHERE YOU OBTAINED IT.

Grant of License:

This is a legal agreement between you, the end-user (“You”), and TOSHIBA TEC Corporation (“TTEC”). This software, fonts (including their typefaces) and related documentation (“Software”) is licensed for use with the system CPU on which it was installed (“System”) in accordance with the terms contained in this Agreement. This Software is proprietary to TTEC. TTEC disclaim responsibility for the installation and/or use of this Software, and for the results obtained by using this Software. You may use one copy of the Software as installed on a single System, and may not copy the Software for any reason except as necessary to use the Software on a single System. Any copies of the Software shall be subject to the conditions of this Agreement. You may not, nor cause or permit any third party to, modify, adapt, merge, translate, reverse compile, reverse assemble, or reverse engineer the Software. You may not use the Software, except in accordance with this license. No title to the intellectual property in the Software is transferred to you and full ownership is retained by TTEC. Source code of the Software is not licensed to you. You may not perform modification, deletion, etc. about copyright notice of the Software (including in duplicate).You will be held legally responsible for any copyright infringement, unauthorized transfer, reproduction or use of the Software or its documentation.

Term:

This license is effective until terminated by TTEC or upon your failure to comply with any term of this Agreement. Upon termination, you agree to destroy all copies of the Software and its documentation. You may terminate this license at any time by destroying the Software and its documentation and all copies.

Disclaimer of Warranty:

This Software is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TTEC disclaim any warranty relating to the quality and performance of the Software. If the Software proves defective, You (and not TTEC) shall be responsible for the entire cost of all necessary servicing, repair or correction. TTEC do 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.

Limitation of Liability:

IN NO EVENT WILL TTEC 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), 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, 2-17-2, Higashigotanda, Shinagawa-ku, Tokyo, 141-8664, 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 SUPPLIERS 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, 2-17-2, Higashigotanda, Shinagawa-ku, Tokyo, 141-8664, Japan

End User Software License Agreement 3