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3. TOSHIBA TEC CORPORATION shall not be liable for any loss, cost, expense, claim or damage

whatsoever caused by any of the following:

(a) use or handling of the Product otherwise than in accordance with the manuals, including but not

limited to Operator's Manual, User's Guide, and/or incorrect or careless handling or use of the Product;

(b) any cause which prevents the Product from operating or functioning correctly which arises from or is

attributable to either acts, omissions, events or accidents beyond the reasonable control of TOSHIBA

TEC CORPORATION including without limitation acts of God, war, riot, civil commotion, malicious or

deliberate damage, fire, flood, or storm, natural calamity, earthquakes, abnormal voltage or other

disasters;

technicians authorized by TOSHIBA TEC CORPORATION; or

(d) use of paper, supplies or parts other than those recommended by TOSHIBA TEC CORPORATION.

4. Subject to paragraph 1, TOSHIBA TEC CORPORATION shall not be liable to Customer for:

(a) loss of profits; loss of sales or turnover; loss of or damage to reputation; loss of production; loss of

anticipated savings; loss of goodwill or business opportunities; loss of customers; loss of, or loss of use

of, any software or data; loss under or in relation to any contract;

(b) any special, incidental, consequential or indirect loss or damage, costs, expenses, financial loss or

claims

for consequential compensation;

whatsoever and howsoever caused which arise out of or in connection with the Product or the use or

handling of the Product even if TOSHIBA TEC CORPORATION is advised of the possibility of such

damages.

TOSHIBA TEC CORPORATION shall not be liable for any loss, cost, expense, claim or damage caused

by any inability to use (including, but not limited to failure, malfunction, hang-up, virus infection or other

problems) which arises from use of the Product with hardware, goods or software which TOSHIBA TEC

CORPORATION has not directly or indirectly supplied

Preface