WARRANTIES, CONDITIONS OR OTHER TERMS (WHETHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES, CONDITIONS AND TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. YOU ACCEPT THAT SOFTWARE MAY NOT MEET YOUR REQUIREMENTS AND NO WARRANTY CAN BE GIVEN THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

5.LIMITATION OF LIABILITY. TO THE FULLEST EXTENT LEGALLY PERMITTED, IN NO EVENT SHALL TOSHIBA, TOSHIBA'S AFFILIATES OR THEIR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES FOR (A) LOST BUSINESS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA; OR (B) CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (WHETHER UNDER CONTRACT, TORT OR OTHERWISE) ARISING OUT OF:

(I) THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF TOSHIBA, TOSHIBA'S AFFILIATES OR THEIR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM BY A THIRD PARTY. SAVE AS SET OUT IN THIS SECTION, TOSHIBA'S ENTIRE LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE, IF ANY.

PLEASE MAKE AND RETAIN A COPY OF ALL DATA YOU HAVE INSERTED INTO YOUR PRODUCT, FOR EXAMPLE NAMES,

ADDRESSES, PHONE NUMBERS, PICTURES, RINGTONES ETC, BEFORE SUBMITTING YOUR PRODUCT FOR A WARRANTY SERVICE, AS SUCH DATA MAY BE DELETED OR ERASED AS PART OF THE REPAIR OR SERVICE PROCESS.

6.Laws. This EULA will be governed by the laws of Japan. All disputes arising out of this EULA shall be subject to the exclusive jurisdiction of the Tokyo District Court.

7.Export Laws. Any use, duplication or disposal of the Software involves products and/or technical data that may be controlled under the export laws of applicable countries or region and may be subject to the approval of the applicable governmental authorities prior to export. Any export, directly or indirectly,

in contravention of the export laws of applicable countries or region is prohibited.

8.Third Party Benefi ciary. You agree that certain suppliers of the Software to Toshiba have a right as a third party benefi ciary to enforce the terms of this EULA against you as a user.

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