Toshiba IP edge General Description Manual page 148

rights granted hereunder back to TAIS. 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. THE HARDWARE PRODUCT LIMITED WARRANTY IS SET FORTH
IN THE TAIS STANDARD LIMITED WARRANTY ASSOCIATED WITH THE HARDWARE
PRODUCT, WHICH MAY BE POSTED ON THE TAIS TELECOMMUNICATION SYSTEMS
DIVISION INTERNET WEBSITE. TAIS' 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
SOFTWARE 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, SUP-
PLIER, OR PUBLISHER OF SUCH THIRD PARTY SOFTWARE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, TAIS 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.
NEITHER TAIS 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. HOWEVER, TAIS
WARRANTS THAT ANY MEDIA ON WHICH THE SOFTWARE IS FURNISHED IS FREE
FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE FOR A
PERIOD OF NINETY (90) DAYS FROM THE DATE OF DELIVERY TO YOU. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY TAIS OR A TAIS AUTHORIZED REP-
RESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLU-
SION 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. TAIS' AND/OR ITS SUPPLIERS' ENTIRE LIABILITY AND
YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS EULA SHALL BE, AT TAIS'
OPTION, REPLACEMENT OF THE SOFTWARE OR REFUND OF THE PRICE PAID. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
TAIS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION/DATA, OR
ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OR INABIL-
ITY TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVI-
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