Toshiba GA-1200 - Manual (Page 5)

Software License Agreement 3
Disclaimer of Warranty
THIS SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT. TTEC AND ITS SUPPLIERS DISCLAIM ANY WARRANTY RELATING TO
THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IF THE SOFTWARE PROVES
DEFECTIVE, YOU (AND NOT TTEC OR ITS SUPPLIERS) SHALL BE RESPONSIBLE FOR
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TTEC
AND ITS SUPPLIERS DO NOT 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.
ALL INFORMATION CONTAINED HEREIN THAT IS PROVIDED BY TTEC AND ITS AFFILI-
ATES PURSUANT TO A EULA IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED.
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 CONSEQUENTIAL 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. Government 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 appropriate. 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 sublicense, 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 remaining
provisions or portions shall remain in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT
YOU UNDERSTAND ITS PROVISIONS. YOU AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT THIS LICENSE AGREEMENT CONTAINS THE
COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND TTEC AND ITS SUPPLI-
ERS 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.