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6. Limited Warranty on Media. TOSHIBA TEC CORPORATION warrants the disks on which the Software is
recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days
from the date of purchase as evidenced by a copy of the receipt. The entire liability of TOSHIBA TEC
CORPORATION and/or its Licensors and your exclusive remedy will be replacement of the disk which fails to meet
the limited warranty provided by this Clause 6. A disk will be replaced when it is returned to TOSHIBA TEC
CORPORATION or a TOSHIBA TEC CORPORATION authorized representative with a copy of the receipt.
TOSHIBA TEC CORPORATION will have no responsibility to replace a disk damaged by accident, abuse or
misapplication.
ANY IMPLIED WARRANTIES ON THE DISKS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your
sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and
TOSHIBA TEC CORPORATION and TOSHIBA TEC CORPORATION's Licensor(s) (for the purpose of provisions 7
and 8, TOSHIBA TEC CORPORATION and TOSHIBA TEC CORPORATION's Licensor(s) shall be collectively
referred to as "TOSHIBA TEC CORPORATION") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. TOSHIBA TEC CORPORATION DOES 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, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. FURTHERMORE, TOSHIBA TEC CORPORATION DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOSHIBA TEC
CORPORATION OR A TOSHIBA TEC CORPORATION AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU (AND NOT TOSHIBA TEC CORPORATION OR A TOSHIBA TEC CORPORATION
AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL TOSHIBA TEC
CORPORATION BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF
TOSHIBA TEC CORPORATION OR A TOSHIBA TEC CORPORATION AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall TOSHIBA TEC CORPORATION's total liability to you for all damages, losses, and causes of action
(whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
9. Controlling Law and Severability. For a portion of the Software related with Apple Macintosh and Microsoft
Windows, this license shall be governed by and construed in accordance with the laws of the state of California and
Washington, respectively. If for any reason a court of competent jurisdiction finds any provision of this License, or
portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and
effect.
10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the
use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be
binding unless in writing and signed by a duly authorized representative of TOSHIBA TEC CORPORATION.