END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) is a legal agreement between you and Toshiba Corporation (“Toshiba”) with regard to the copyrighted Software provided with this EULA. Use of any software and related documentation (“Software”) provided with a Toshiba Blu-ray Player, or made available by downloading or otherwise to you by Toshiba in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier or Toshiba in the documentation accompanying the Toshiba Blu-ray Player or otherwise, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not use, download, install or copy the Software. If you wish to return a complete Blu-ray Player system (hardware and software), contact the retailer where you purchased the Blu-ray Player, and comply with the retailer’s standard return policies and procedures.
Article 1 Definition
The Software means all programs contained in the Toshiba Blu-ray Player. The copyright of the Software belongs to Toshiba and/ or its suppliers, including BSQUARE Corporation and/or its suppliers. The Software is protected by copyright laws, Universal Copyright Convention, and other laws and conventions related to intellectual property rights. The content of the Software and manual is subject to change by Toshiba without notice.
Article 2 License Grant and Use Conditions
Toshiba grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software in accordance with this EULA. You may permanently transfer all of your rights under this EULA, provided you transfer complete Blu-ray Player together with all of the Software, you retain no copies, and the recipient agrees to the terms of this EULA. If the Software is an upgrade version, any transfer must include all prior versions of the Software. For maintenance purposes, you may update the version of the Software only for the Blu-ray Player that is owned by you.
Article 3 Prohibited Uses
Unless otherwise expressly provided in this EULA or the product manual accompanying the Toshiba Blu-ray Player:
3.1.You may not copy the Software, in whole or in part, without express written permission by Toshiba and/or its suppliers.
3.2.You may not assign, resell, distribute or sublicense the Software or a copy of the Software.
3.3.You may not create, assign, resell, or sublicense secondary works of the Software without permission.
3.4.You may not modify, analyze, reverse engineer, decompile or disassemble any part of the Software.
3.5.You may not combine or incorporate the Software with or into any other application.
3.6.You may not print the Software.
Article 4 Disclaimer
4.1.THE HARDWARE PRODUCT LIMITED WARRANTY IS SET FORTH IN THE DOCUMENTATION ACCOMPANYING THE HARDWARE PRODUCT.
4.2.THE SOFTWARE IS PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY TOSHIBA.THIS EULA REPRESENTS THE SOLE AND EXCLUSIVE OBLIGATION OF TOSHIBA AND ITS SUPPLIERS WITH RESPECT TO THE SOFTWARE.
Article 5 Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TOSHIBA AND/OR ITS SUPPLIERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERNCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TOSHIBA AND/OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU UNDER SUCH CIRCUMSTANCES. THE AGGREGATE LIABILITY OF TOSHIBA AND ITS SUPPLIERS IN CONNECTION WITH THE SOFTWARE, REGARDLESS OF THE FORM OF ANY LEGAL ACTION OR PROCEEDING, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT PAID FOR THE TOSHIBA BLU- RAY PLAYER.
Article 6 Export Control
Any export, directly or indirectly, of the Software in contravention of the United States Export Administration Regulations, or any other applicable law, regulation, or order, is prohibited.
Article 7 Termination of License
In the event that you fail to comply with any of the terms and conditions contained herein, Toshiba shall have the right to immediately terminate this Agreement without any notifi cation to you. Upon termination of this Agreement, you shall cease all use of the Software and destroy all copies, in whole and/or in part.
