Toshiba America Information Systems, Inc. ("TAIS")
Digital Products Division
9740 Irvine Boulevard
Irvine, California 92618-1697
United States of America
Export Control Terms
Any downloading or use of software from this server involves products and/or technical data that is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. By downloading or using any software from this server, you are agreeing to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import Software.
End User License AgreementIMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND TAIS. CAREFULLY READ THIS EULA. USE OF ANY TOSHIBA AND THIRD PARTY SOFTWARE (OTHER THAN SOFTWARE PROVIDED BY MICROSOFT CORPORATION) OR ANY RELATED DOCUMENTATION PREINSTALLED ON, OR SHIPPED WITH, A TAIS HARDWARE PRODUCT OR OTHERWISE MADE AVAILABLE TO YOU BY TAIS IN WHATEVER FORM OR MEDIA (COLLECTIVELY, "SOFTWARE"), WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS. IF SEPARATE TERMS ARE PROVIDED BY THE SOFTWARE SUPPLIER, THE TERMS OF THIS EULA THAT ARE NOT INCONSISTENT WITH THOSE SEPARATE TERMS WILL CON TINUE TO BE APPLICABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE SEPARATE TERMS PROVIDED BY THE SOFTWARE SUPPLIER, TAIS DOES NOT ACCEPT THE RETURN OF COMPONENT PARTS, OR BUNDLED SOFTWARE, WHICH HAVE BEEN REMOVED FROM THE TAIS HARDWARE PRODUCT. PRO-RATA REFUNDS ON INDIVIDUAL PC COMPONENTS, OR BUNDLED SOFTWARE, INCLUDING THE OPERATING SYSTEM, WILL NOT BE GRANTED.
IF YOU DO NOT AGREE THE TERMS OF THIS EULA, PLEASE DO NOT INSTALL, COPY OR USE THE SOFTWARE. IF YOU WISH TO RETURN A COMPLETE HARDWARE PRODUCT SYSTEM (HARDWARE AND SOFTWARE), CONTACT THE TAIS DEALER WHERE YOU PURCHASED THE PRODUCT, AND COMPLY WITH THE DEALER'S STANDARD RETURN POLICIES AND PROCEDURES.
- License Grant. The Software is licensed, not sold. TAIS grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. With respect to non-Toshiba Software, TAIS is only passing through license rights which may be granted by the owner of licensor of the Software and TAIS does not separately license these rights to you. Each copy of the software is owned by TAIS and/or its suppliers. You agree you will not copy the Software except as necessary to use it on a single hardware product system at one location. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, distributing, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all copies of the Software, and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software and all copies thereof.
- 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 TAIS 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. All copies of the Software will contain the same proprietary notices as contained in or on the Software.
- Use of Software with Copyrighted Materials; Indemnity.
Any materials (including but not limited to any and all works of authorship) used or stored on this hardware product or copied on or by this hardware product may be owned by third parties and covered by one or more U.S. or foreign copyrights or other intellectual property rights. Using, storing, copying, modifying, distributing, performing, or displaying such materials on this hardware product, or by or with this hardware product, or transmitting, sharing, or otherwise sending copies of such materials to other hardware products or other persons, may violate the copyrights or other intellectual property rights of such third parties and may subject you to civil and/or criminal liability.
You shall indemnify and hold TAIS 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 TAIS as a result of claims alleging the violation of any third party copyrights or other intellectual property rights based upon (a) using, storing, copying, modifying, distributing, performing, or displaying any third party materials on this hardware product, or by or with hardware product, or transmitting, sharing, or otherwise sending copies of such materials to other hardware products or other persons, or (b) your noncompliance with this EULA.
- 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 TAIS DISCLAIMS 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 TAIS, ASSUME FULL RESPONSIBILITY FOR SUCH USE. Further you shall indemnify and hold TAIS 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 TAIS as a result of or in any way arising from such use.
- Toshiba Service Station and Toshiba PC Health Monitor Utilities
[THIS SECTION ONLY APPLIES TO USERS DOWNLOADING TSS AND PCHM UTILITIES OR SOFTWARE FROM THIS WEBSITE. THIS SECTION IS ALSO APPLICABLE TO USERS WITH TOSHIBA PERSONAL COMPUTERS PRE-INSTALLED WITH THE MICROSOFT WINDOWS® 7 OPERATING SYSTEM.]
By automatically bringing you the latest Software updates and alerts, Toshiba Service Station (TSS) is the easiest way to keep your hardware product running smoothly. TSS allows your hardware product to automatically search for Software updates/alerts from TAIS that are specific to your hardware or programs. On initial Internet connection and periodically thereafter, your hardware product automatically sends Toshiba limited system information (e.g., the Model, Part Number, Serial Number, OS version, Software Status, etc.). Periodically, the hardware scans Toshiba servers for updates/alerts based on your system information. A notice window gives the option to apply or decline the update. Toshiba logs updates/alerts offered and installed on your hardware as part of Toshiba's quality assurance program. TSS can be uninstalled using the "Uninstall a program" utility in the Control Panel. Thereafter, the hardware will not communicate with Toshiba and notices of updates and automatic updates will cease. Please be advised, once TSS has been uninstalled or disabled you will no longer be notified of updates or alerts, and future performance may be affected.
Toshiba PC Health Monitor (PCHM) proactively monitors certain system functions and periodically logs system, component and usage information to the hard drive of the hardware. On initial Internet connection and periodically thereafter, it automatically sends Toshiba the logged information using TSS (unless disabled) to monitor the system operation, warn of critical system conditions or aid system diagnostics for service. No personally identifiable information is transmitted. Uninstalling TSS will stop transmission of logged information to Toshiba but your PCHM will continue logging and storing the information locally on the hard drive until PCHM is uninstalled or disabled.
TAIS may use the information for technical support services, quality assurance and business analysis, and may share it with Toshiba's World Wide Support organization or other third parties or affiliated Toshiba companies engaged by Toshiba for the purposes of rendering such services.
- Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity constitutes a fair use under applicable copyright law, or has a legitimate business purposes of accessing information that is not protected by any intellectual property rights, or is otherwise permitted by applicable law notwithstanding this limitation.
- Disclaimer of Warranty and Limited Warranty.
THE HARDWARE PRODUCT LIMITED WARRANTY IS SET FORTH IN THE TAIS STANDARD LIMITED WARRANTY ACCOMPANYING THE HARDWARE PRODUCT. TAIS'S SOLE OBLIGATIONS WITH RESPECT TO TOSHIBA SOFTWARE IS SET FORTH IN THIS EULA. UNLESS OTHERWISE STATED IN WRITING, ALL TOSHIBA AND NON-TOSHIBA SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND BY TOSHIBA. UNLESS NON-TOSHIBA SOFTWARE MANUFACTURERS, SUPPLIERS OR PUBLISHERS EXPRESSLY OFFER THEIR OWN WARRANTIES IN WRITING IN CONNECTION WITH YOUR USE OF THEIR NON-TOSHIBA SOFTWARE, SUCH NON-TOSHIBA SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OFANY KIND BY THE MANUFACTURER, SUPPLIER, OR PUBLISHER OF SUCH NON-TOSHIBA SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAIS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EITHER EXPRESS -IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NONINFRINGEMENT 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.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAIS OR A TAIS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability. TAIS' AND/OR ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU SEPARATELY FOR THE SOFTWARE OR U.S. $10.00 WHICHEVER IS LESS. 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, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR OTHERWISE IN CONNECTION WITH ANY PROVISION 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 ESSENTIAL PURPOSE. IN NO EVENT SHALL TAIS OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM BY A THIRD PARTY. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS 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.
- Export Laws. This EULA involves products and/or technical data that may be controlled under the laws and regulations of the United States and other countries, including but not limited to the United States Export Administration Regulations, or any other applicable law, regulation or order ("Export Laws"). You shall comply with all Export Laws to assure that the Software is not exported, directly or indirectly, in contravention of the Export laws.
- 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.
- United States Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS. 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 applicable. Without limiting the foregoing, use, duplication, or disclosure by the United States Government, 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.
- Severability. If any provision of this EULA shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
- 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 waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent the terms of any TAIS policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
Copyright© 2007-2010 Toshiba America Information Systems, Inc. All Rights Reserved.
Rev: October 2010