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as a convenience to You. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from Your device are not available in all languages or in all countries. Toshiba makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Toshiba, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Toshiba be liable for the removal of or disabling of access to any such Services. Toshiba may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Article 5 Disclaimer
5.1.THE HARDWARE PRODUCT LIMITED WARRANTY IS SET FORTH IN THE DOCUMENTATION ACCOMPANYING THE HARDWARE PRODUCT.
5.2.THE SOFTWARE IS PROVIDED
Article 6 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 BLURAY PLAYER.
Article 7 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 8 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 notification 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.
Article 9 Governing Law
This EULA is governed by the laws of Japan, without references to the conflict of laws principles. Any and all disputes arising hereunder shall be resolved exclusively by the Tokyo District Court, Japan, and you hereby consent to the exclusive jurisdiction of such court.
Article 10 Severability
If any provision of this EULA shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
(C)
The Software contains Macromedia® [Flash®] [Flash Lite™] technology of Adobe Systems Incorporated. Copyright©
