Toshiba IP edge General Description Manual page 160

tained herein will result in the automatic termination of this license and the reversion of the rights
granted hereunder back to TOSHIBA. Notwithstanding the foregoing, in regard to any conflict
between the terms of this Section 5 and any applicable open source license agreements (as
referred to herein) for any open source software included in the Software, the terms of the applica-
ble open source license agreement controls.
6. Limited Warranty. TOSHIBA'S SOLE OBLIGATIONS WITH RESPECT TO TOSHIBA
SOFTWARE IS SET FORTH IN THIS EULA. UNLESS OTHERWISE STATED IN WRITING,
ALL TOSHIBA AND THIRD PARTY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTY OF ANY KIND BY TOSHIBA. UNLESS THIRD PARTY SOFT-
WARE MANUFACTURERS, SUPPLIERS OR PUBLISHERS EXPRESSLY OFFER THEIR
OWN WARRANTIES IN WRITING IN CONNECTION WITH YOUR USE OF THEIR THIRD
PARTY SOFTWARE, SUCH THIRD PARTY SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTY OF ANY KIND BY THE MANUFACTURER, SUPPLIER,
OR PUBLISHER OF SUCH THIRD PARTY SOFTWARE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, TOSHIBA AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES WITH REGARD TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED,
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NEI-
THER 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. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY TOSHIBA OR A TOSHIBA AUTHO-
RIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
7. Limitation of Liability. TOSHIBA'S AND/OR ITS SUPPLIERS' ENTIRE LIABILITY AND
YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS EULA SHALL BE, AT
TOSHIBA'S OPTION, REPLACEMENT OF THE SOFTWARE OR REFUND OF THE PRICE
PAID. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL TOSHIBA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUEN-
TIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY,
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFOR-
MATION/ DATA, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF
THE USE OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION
WITH ANY PROVISION OF THIS EULA EVEN IF TOSHIBA OR ANY SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REM-
EDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TOSHIBA OR ITS SUP-
PLIERS BE LIABLE FOR ANY CLAIM BY A THIRD PARTY. DATA USAGE RATES MAY
APPLY WHEN DATA IS SENT OR RECEIVED WHILE USING THE SOFTWARE. YOU ARE
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