2
under this EULA are reserved to Toshiba, Toshiba's affiliates and/or
their suppliers.
3. Reverse Engineering. You agree that you will not attempt, and if you
are a business organisation, you will use your best efforts to prevent
your employees, servants and contractors from attempting to reverse
engineer, decompile, modify, translate or disassemble the Software in
whole or in part except to the extent that such actions cannot be
excluded by mandatory applicable law and only if those actions are
taken in accordance with such applicable law. Any failure to comply
with the above or any other terms and conditions contained herein
will result in the automatic termination of this licence and the
reversion of the rights granted hereunder to Toshiba.
4. LIMITED WARRANTY. Only during the warranty period for the
Handset, Toshiba, Toshiba's affiliate, its suppliers or its authorised
service company will repair or replace, at Toshiba's sole discretion,
defective Software unless such defect results from acts or
phenomenon beyond the reasonable control of Toshiba. EXCEPT AS
PROVIDED IN THIS EULA: (A) TOSHIBA, TOSHIBA'S AFFILIATES,
AND THEIR SUPPLIERS DISCLAIM ALL WARRANTIES,
CONDITIONS OR OTHER TERMS (WHETHER EXPRESS OR
IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES,
CONDITIONS AND TERMS OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; AND (B)
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE SOFTWARE IS WITH YOU. YOU ACCEPT THAT SOFTWARE
MAY NOT MEET YOUR REQUIREMENTS AND NO WARRANTY
CAN BE GIVEN THAT OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE.
5. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT LEGALLY
PERMITTED, IN NO EVENT SHALL TOSHIBA, TOSHIBA'S
AFFILIATES OR THEIR SUPPLIERS BE LIABLE TO YOU FOR ANY
DAMAGES FOR (A) LOST BUSINESS OR REVENUE, BUSINESS
INTERRUPTION, LOSS OF BUSINESS DATA; OR (B)
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT
DAMAGES OF ANY KIND (WHETHER UNDER CONTRACT, TORT
OR OTHERWISE) ARISING OUT OF: (I) THE USE OR INABILITY
TO USE THE SOFTWARE, EVEN IF TOSHIBA, TOSHIBA'S
AFFILIATES OR THEIR SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM BY A
