Toshiba 355 Safety Information Manual - Page 4

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Software License Agreement

INSTALLING OR OTHERWISE USING THIS SOFTWARE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THE

FOLLOWING TERMS AND CONDITIONS (UNLESS A SEPARATE LICENSE IS PROVIDED BY THE SUPPLIER OF

APPLICABLE SOFTWARE IN WHICH CASE SUCH SEPARATE LICENSE SHALL APPLY). IF YOU DO NOT ACCEPT

THESE TERMS, YOU MAY NOT INSTALL OR USE THIS SOFTWARE, AND YOU MUST PROMPTLY RETURN THE

SOFTWARE TO THE LOCATION WHERE YOU OBTAINED IT.

THE SOFTWARE INSTALLED ON THIS PRODUCT INCLUDES NUMEROUS INDIVIDUAL SOFTWARE

COMPONENTS, EACH HAVING ITS OWN APPLICABLE END USER LICENSE AGREEMENT ("EULA"). INFORMATION

RELATING TO THE EULAS MAY BE FOUND IN AN ELECTRONIC FILE INCLUDED ON THE USER DOCUMENTATION

CD-ROM INCLUDED HEREWITH; HOWEVER, ALL SOFTWARE AND DOCUMENTATION DEVELOPED OR CREATED

BY OR FOR TOSHIBA TEC CORPORATION ("TTEC") ARE PROPRIETARY PRODUCTS OF TTEC AND ARE

PROTECTED BY COPYRIGHT LAWS, INTERNATIONAL TREATY PROVISIONS, AND OTHER APPLICABLE LAWS.

Grant of License

This is a legal agreement between you, the end-user ("You"), and TTEC and its suppliers. This software, fonts (including

their typefaces) and related documentation ("Software") is licensed for use with the system CPU on which it was installed

("System") in accordance with the terms contained in this Agreement. This Software is proprietary to TTEC and/or its

suppliers. TTEC and its suppliers disclaim responsibility for the installation and/or use of this Software, and

for the results obtained by using this Software. You may use one copy of the Software as installed on a single System, and

may not copy the Software for any reason except as necessary to use the Software on a single System. Any copies of the

Software shall be subject to the conditions of this Agreement.

You may not, nor cause or permit any third party to, modify, adapt, merge, translate, reverse compile, reverse assemble,

or reverse engineer the Software. You may not use the Software, except in accordance with this license. No title to the

intellectual property in the Software is transferred to you and full ownership is retained by TTEC or its suppliers. Source

code of the Software is not licensed to you. You will be held legally responsible for any copyright infringement,

unauthorized transfer, reproduction or use of the Software or its documentation.

Term

This license is effective until terminated by TTEC or upon your failure to comply with any term of this Agreement. Upon

termination, you agree to destroy all copies of the Software and its documentation.

You may terminate this license at any time by destroying the Software and its documentation and all copies.

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 NONINFRINGEMENT. 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 AFFILIATES 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, 2-17-2, Higashigotanda, Shinagawa-ku, Tokyo, 141-8664, Japan.

Software License Agreement