Toshiba IP4100 Installation Manual page 16

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TOSHIBA TELECOMMUNICATIONS SYSTEMS PRODUCT SUPPLIED BY AN AUTHORIZED
CHANNEL FOR WHICH YOU ARE THE ORIGINAL END USER PURCHASER OR OTHERWISE HOLD
A VALID LICENSE TO USE THE SOFTWARE THAT IS BEING UPGRADED.
3. Copyright. You acknowledge that no title to the copyright or any other intellectual property rights in the
Software is transferred to you. You further acknowledge that title and full ownership rights to the Software
and all copies thereof will remain the exclusive property of TOSHIBA and/or its suppliers, and you will not
by this EULA acquire any rights to the Software or any copies thereof, except the license expressly set
forth above. You will not remove or change any proprietary notices contained in or on the Software. The
Software is protected under applicable patent, copyright, trade secret, and/or other proprietary laws, as
well as international treaties. Any transfer, use, or copying of the Software in violation of the EULA
constitutes copyright infringement. You are hereby on notice that any transfer, use, or copying of the
Software in violation of this EULA constitutes a willful infringement of copyright.
4. Critical Applications. The Software is not designed or recommended for any "critical applications".
"Critical applications" means life support systems, medical applications, connections to implanted medical
devices, commercial transportation, nuclear facilities or systems or any other applications where product
failure could lead to injury to persons or loss of life or catastrophic property damage. ACCORDINGLY,
SHOULD YOU DECIDE TO USE THIS SOFTWARE FOR ANY CRITICAL APPLICATION TOSHIBA
DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL
LIABILITY ARISING OUT OF THE USE OF THE SOFTWARE IN ANY CRITICAL APPLICATION. IF YOU
USE THE SOFTWARE IN A CRITICAL APPLICATION, YOU, AND NOT TOSHIBA, ASSUME FULL
RESPONSIBILITY FOR SUCH USE. Further you shall indemnify and hold TOSHIBA and its affiliates
harmless from any and all damages, liabilities, costs, and expenses, including reasonable attorneys' fees
and amounts paid in settlement of third party or government claims, incurred by TOSHIBA and its
affiliates as a result of or in any way arising from such use.
5. No Reverse Engineering. You agree that you will not attempt, and if you employ employees or
engage contractors, you will use your best efforts to prevent your employees and contractors from
attempting to reverse compile, reverse engineer, modify, translate or disassemble the Software in whole
or in part. Any failure to comply with the above or any other terms and conditions contained herein will
result in the automatic termination of this license and the reversion of the rights granted hereunder back
to TOSHIBA.
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 applicable open source license agreement controls.
6. Limited Warranty. TOSHIBA'S 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, SUPPLIER, OR PUBLISHER
OF SUCH THIRD PARTY SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, TOSHIBA 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
TOSHIBA 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. NO ORAL OR WRITTEN INFORMATION OR ADVICE

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