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 hardware product, 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, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software.
 

1 License Grant.

TOSHIBA grants to you a personal, non-transferable and nonexclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single hardware product system. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons, and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software, and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software.
 

2 Copyright.

The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Toshiba Corporation and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software.
 

3 Reverse Engineering.

You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to TOSHIBA.
 

1 Disclaimer of Warranty.

The Software is provided “AS IS” without warranty of any kind. TOSHIBA and its suppliers disclaim and make no express or implied warranties and specifically disclaim warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither TOSHIBA nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
 

2 Limitation of Liability.

TOSHIBA’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall TOSHIBA or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if TOSHIBA or its supplier has been advised of the possibility of such damages, or any claim by a third party.
 

   Limitation of Liability (Australia only)

Certain legislation including the Trade Practices Act (1974) and other Commonwealth, State and Territory legislation implies warranties and conditions into consumer contracts. These warranties and conditions exist separately from and are not affected by the above Limitation of Liability. Subject to such legislation and to the limitation of liability all warranties, conditions and liability implied by law that may be excluded are hereby excluded and Toshiba shall not be liable for any direct or indirect loss or damage of any kind arising from the products or your use of them (including but not limited to loss of profits and incidental or consequential loss or damage).
 

   Limitation of Liability (New Zealand only)

Where the Consumer Guarantees Act 1993 does not apply to the supply of the Product, Toshiba will not be liable in any way for a direct or indirect loss or damage of any kind arising from the Product, including consequential loss or damage, and loss or damage arising from the negligence of Toshiba’s employees and agents. This warranty is personal to the purchaser and cannot be transferred to a subsequent purchaser (although the purchaser, in some circumstances, may have rights under the Consumer Guarantees Act 1993).
 

3 Applicable Laws.

This EULA will be governed by the laws of Japan, excluding its conflict of law provisions.
 

4 Export Laws.

This EULA involves products and/or technical data that may be controlled under any applicable export control laws, and regulations, and may be subject to any approval required under such laws and regulations.
 

5 Precedence.

Except as set out above, where separate terms are provided by the software supplier, then, subject to this EULA, those terms also apply and prevail, to the extent of any inconsistency with this EULA.
 

Toshiba Corporation

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