Toshiba E-STUDIO 165 - Manual (Page 4)

4 SOFTWARE LICENSE AGREEMENT
Limitation of Liability
IN NO EVENT WILL TTEC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER IN
CONTRACT, TORT, OR OTHERWISE (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM
NEGLIGENCE ON THE PART OF TTEC OR ITS SUPPLIERS), INCLUDING WITHOUT LIMITATION ANY
LOST PROFITS, LOST DATA, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUEN-
TIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF TTEC
OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR FOR
THIRD PARTY CLAIMS.
U.S. Government Restricted Rights
The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Govern-
ment is subject to restrictions set forth in subdivision (b) (3) (ii) or (c) (i) (ii) of the Rights in Technical Data
and Computer Software Clause set forth in 252.227-7013, or 52.227-19 (c) (2) of the DOD FAR, as appropri-
ate. Contractor/Manufacturer is TOSHIBA TEC Corporation, 6-78, Minami-cho, Mishima-shi, Shizuoka-ken,
411-8520, Japan.
General
You may not sublicense, lease, rent, assign or transfer this license or the Software. Any attempt to subli-
cense, lease, rent, assign or transfer any of the rights, duties or obligations hereunder is void. You agree that
you do not intend to, and will not ship, transmit (directly or indirectly) the Software, including any copies of
the Software, or any technical data contained in the Software or its media, or any direct product thereof, to
any country or destination prohibited by the United States Government. This license shall be governed by
the laws of Japan or, at the election of a Supplier of TTEC concerned with a dispute arising from or relating
to this Agreement, the laws of the Country designated from time to time by the relevant Supplier of TTEC. If
any provision or portion of this Agreement shall be found to be illegal, invalid or unenforceable, the remain-
ing provisions or portions shall remain in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU UNDER-
STAND ITS PROVISIONS. YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FUR-
THER AGREE THAT THIS LICENSE AGREEMENT CONTAINS THE COMPLETE AND EXCLUSIVE
AGREEMENT BETWEEN YOU AND TTEC AND ITS SUPPLIERS AND SUPERSEDES ANY PROPOSAL
OR PRIOR AGREEMENT, ORAL OR WRITTEN, OR ANY OTHER COMMUNICATION RELATING TO THE
SUBJECT MATTER OF THIS LICENSE AGREEMENT.
TOSHIBA TEC Corporation, 6-78, Minami-cho, Mishima-shi, Shizuoka-ken, 411-8520, Japan.