3
THIRD PARTY. SAVE AS SET OUT IN THIS SECTION, TOSHIBA'S
ENTIRE LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE
PRICE PAID FOR THE SOFTWARE, IF ANY.
THE ABOVE DISCLAIMER AND LIMITATION DOES NOT EXCLUDE
OR LIMIT (A) LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY NEGLIGENCE OR (B) ANY MANDATORY LEGAL
RIGHT OR LIABILTY TO THE EXTENT THAT IT CANNOT BE
LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
PLEASE MAKE AND RETAIN A COPY OF ALL DATA YOU HAVE
INSERTED INTO YOUR PRODUCT, FOR EXAMPLE NAMES,
ADDRESSES, PHONE NUMBERS, PICTURES, RINGTONES ETC,
BEFORE SUBMITTING YOUR PRODUCT FOR A WARRANTY
SERVICE, AS SUCH DATA MAY BE DELETED OR ERASED AS
PART OF THE REPAIR OR SERVICE PROCESS.
6. Laws. This EULA will be governed by the laws of England and Wales.
All disputes arising out of this EULA shall be subject to the exclusive
jurisdiction of the English Court.
7. Export Laws. Any use, duplication or disposal of the Software
involves products and/or technical data that may be controlled under
the export laws of applicable countries or region and may be subject
to the approval of the applicable governmental authorities prior to
export. Any export, directly or indirectly, in contravention of the export
laws of applicable countries or region is prohibited.
8. Third Party Beneficiary. You agree that certain suppliers of the
Software to Toshiba have a right as a third party beneficiary to
enforce the terms of this EULA against you as a user.
9. Transfers. The Software may be transferred only as installed on the
Handset to a lawful third party user, where that party accepts the
terms of this EULA which will continue to apply.
10. IF YOU ARE DEALING AS A CONSUMER IN THE UK & THE
SOFTWARE QUALIFIES AS 'GOODS' YOUR STATUTORY RIGHTS
UNDER APPLICABLE LAW ARE NOT AFFECTED.
