Toshiba IP edge General Description Manual page 149

SION OF THIS EULA EVEN IF TAIS OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSEN-
TIAL PURPOSE. IN NO EVENT SHALL TAIS OR ITS SUPPLIERS BE LIABLE FOR ANY
CLAIM BY A THIRD PARTY. DATA USAGE RATES MAY APPLY WHEN DATA IS SENT
OR RECEIVED WHILE USING THE SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR
ANY SUCH DATA USAGE AND APPLICABLE CHARGES. ASK YOUR WIRELESS PRO-
VIDER FOR FURTHER DETAILS ON RATES THAT MAY APPLY TO YOU.
8. State/Jurisdiction Laws. SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY MAY LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF LIABILITY FOR DEATH OR
PERSONAL INJURY CAUSED BY NEGLIGENCE, SO SUCH LIMITATIONS OR EXCLU-
SIONS IN THIS EULA MAY NOT APPLY TO YOU.
9. Export Laws. This EULA involves products and/or technical data that may be controlled
under the laws of the United States and other countries, including but not limited to the United
States Export Administration Regulations, and any other applicable law, regulation or order
("Export Laws"). The products and/or technical data involved with this EULA may not be
exported without US Department of Commerce, Bureau of Export Administration authorization.
Any export or re-export by you, directly or indirectly, in contravention of any of the Export
Laws is prohibited. You shall comply with all Export Laws to assure that the Software is not
exported, directly or indirectly, in contravention of the Export Laws.
10. Governing Law. This EULA will be governed by the laws of the State of California, United
States of America, excluding its conflict of law provisions.
11. United States Government Restricted Rights. The Software is provided with
RESTRICTED RIGHTS. The Software and other materials provided hereunder constitute Com-
mercial Computer Software and Software Documentation and Technical Data related to Commer-
cial Items. Use, duplication, or disclosure by the United States Government, its agencies and/or
instrumentalities is subject to restrictions of this Agreement pursuant to FAR 12.211, FAR
12.212(a), DFARS 227.7202-1, DFARS 227.7202-3(a), and DFARS 252.227.7014(a)(1) as appli-
cable. Without limiting the foregoing, use, duplication, or disclosure by the United States Govern-
ment, its agencies and/or instrumentalities is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and Computer Software 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, FAR 52.227-19(b)(1) and (2) (DEC 2007), FAR 52.227-
14 (DEC 2007) including Alt. III, FAR 52.227-20, and DFARS 252.227-7015 as applicable.
12. Severability. If any provision of this EULA shall be held to be invalid, illegal or unenforce-
able, the validity, legality and enforceability of the remaining provisions hereof shall not in any
way be affected or impaired.
13. 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
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