Toshiba Corporation

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. THE ABOVE DISCLAIMER AND LIMITATION DOES NOT

EXCLUDE OR LIMIT (A) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (B) ANY MANDATORY LEGAL RIGHT OR LIABILITY TO THE EXTENT THAT IT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 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 England and Wales. All disputes arising out of this EULA shall be subject to the exclusive jurisdiction of the English Courts.

7.Export Laws. Any use, duplication or employment of the Software involves products and/or technical data that may be controlled under the export laws of applicable countries

Toshiba Corporation

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