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Clause at DFARS 252.227-7013 (October 1988) or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable.
10. Severability. If any provision of this EULA shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions
hereof shall not in any way be affected or impaired.
11. No Waiver. No waiver of any breach of any provision of this EULA shall
constitute a waiver of any prior, concurrent or subsequent breach of the same or any
other provisions hereof, and no waiver shall be effective unless made in writing and
signed by an authorized representative of the waiving party.
12. Relationship with Other Agreements. The TOSHIBA Portable Media Player
software, if applicable, uses built-in software components distributed as free software
by third parties. Where separate terms and conditions are provided by such third party
software suppliers, then, subject to the terms and conditions of this Agreement, those
terms and conditions shall apply. To the extent that there is any inconsistency between
the terms and conditions contained herein and the terms and conditions provided by
such third party software suppliers, the terms and conditions of such third party
software suppliers shall govern. For more information about specific usage terms
applicable to such third party software components, please read the attached “License
Information on the Software used in the TOSHIBA Portable Media Player”.
One (1) Year Standard Limited Warranty
TOSHIBA
One (1) Year Standard Limited Warranty (“Limited Warranty”) For Toshiba Portable
Media Players Purchased Within the Fifty (50) United States and District of
Columbia.
General Terms
This Limited Warranty applies to Toshiba branded Portable Media Players
(“Product[s]”) sold by Toshiba America Information Systems, Inc. (“Toshiba”) or
Toshiba’s authorized dealers and retail locations to a customer within the fifty (50)
United States and the District of Columbia, for such customer’s own use and not for
resale (“Customer”). This Limited Warranty commences on the date of purchase and
