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This End-User License Agreement (hereinafter this “Agreement”) is a legally-binding agreement between the customer,
either an individual or a single legal entity (hereinafter “the Customer”) and Toshiba Corporation (hereinafter “Toshiba”)
with respect to the following software (hereinafter “Software”):
(a) USB Driver Software for Toshiba PCX5000, and
(b) Any software incorporated in or attached to Toshiba PCX5000.
By installing, copying, or otherwise using the Software, the Customer shall be deemed to agree to the terms and
conditions of this Agreement. If the Customer does not agree to the terms and conditions of this Agreement, the
Customer shall be requested to return promptly the whole system of Toshiba PCX5000 including the Software unused to
the distributor or other from whom the Customer has received the system.
1. Title to Software
The Customer acknowledges that Toshiba or its supplier(s) retains all title to the Software and all applicable intellectual property
rights in the Software, including without limitation, copyrights, patents, trade secrets and trademarks.
2. Grant of License
This Agreement grants the Customer a non-exclusive license to:
(a) Install the Software recorded on an external media into the Customer’s personal computer(s) and use the Software on and
with a single personal computer for the purpose of processing the internal data of the Customer for use of Toshiba PCX5000
(hereinafter “Purpose”), and
(b) Make one (1) copy of the Software recorded on an external media for the purpose of backup.
3. Restrictions
The Customer may:
(a) Not disassemble, decompile or reverse engineer the Software,
(b) Not make copies of the Software for any purpose other than backup,
(c) Not install or use the Software for any purpose other than the Purpose or provide any third party or any employee of the
Customer with access to the Software for any purpose other than the Purpose,
(d) Not modify the Software or create derivative works of the Software,
(e) Not sell, offer to sell, distribute (including through multiple tiers) the copies of the Software or publish the Software, or
(f) Not rent or lease the Software.
Not remove or erase any copyright notice or legend from the Software.
4. Transfer
The Customer may permanently transfer all of the Customer’s rights under this Agreement to any third party, provided that the
Customer retain no copies and the recipient agrees to the terms and conditions of this Agreement.
5. Export
The Customer agrees not to export, license or otherwise transfer the Software to any country where such transfer is prohibited by
the United States Export Administration Act, or any successor legislation, or in violation of the laws and regulations of Japan or any
other country.
6. Termination
Without prejudice to any other rights, Toshiba may terminate this Agreement if the Customer fails to comply with the terms and
conditions of this Agreement. In such event, the Customer must immediately cease to use the Software and all copies thereof.
7. United States Government Restricted Rights
If the Customer is an institution, department or other organization unit of the United States Government, the Software will be
classified as “Commercial Computer Software” and the United States Government will be acquiring only “Restricted Rights” in the
Software.
8. Miscellaneous
The governing law of this Agreement shall be the laws of Japan. Disputes in connection with this Agreement shall be subject to the
exclusive original jurisdiction of Tokyo District Court of Japan.
9. No Warranty
THE SOFTWARE IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOSHIBA AND ITS
SUPPLIER(S) MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE
SOFTWARE. TOSHIBA AND ITS SUPPLIER(S) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND ANY OTHER
WARRANTY.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOSHIBA OR ITS SUPPLIER(S) BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF PROFITS, REVENUE, LOSS OF BUSINESS, LOSS OF DATA OR LOSS
OF USE, IRRESPECTIVE OF WHETHER TOSHIBA OR ITS SUPPLIER(S) HAS ADVANCE NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES. THE CUSTOMER AND TOSHIBA AGREE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE
AN ESSENTIAL ELEMENT IN SETTING CONDITIONS UNDER THIS AGREEMENT.
Toshiba:
Toshiba Corporation
Computer & Network Platform Division
1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, Japan