IMPORTANT: THIS MASTER END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND TOSHIBA AMERICA CONSUMER PRODUCTS, L.L.C. ("TACP"). CAREFULLY READ THIS EULA. USE OF ANY SOFTWARE OR ANY RELATED DOCUMENTATION (COLLECTIVELY, "SOFTWARE") PREINSTALLED ON, OR SHIPPED WITH, A TACP HARDWARE PRODUCT OR OTHERWISE MADE AVAILABLE TO YOU BY TACP IN WHATEVER FORM OR MEDIA, WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS, UNLESS SEPARATE TERMS ARE PROVIDED WITH THE TACP HARDWARE PRODUCT, IN WHICH CASE SUCH SEPARATELY PROVIDED TERMS SHALL APPLY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT INSTALL, COPY OR USE THE SOFTWARE.

1. License Grant. The Software is licensed, not sold. TACP grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. 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, if any, 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 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.
2. Copyright. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of TACP, and you will not acquire any rights to the Software, 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.
3. Reverse Engineering. You agree that you will not attempt to analyze, reverse engineer, decompile, disassemble or attempt to gain access to the source code of any part of the Software. 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 to TACP.
4. Disclaimer of Warranty and Limitation of Liability. TACP TAKES NO RESPONSIBILITY FOR DIRECT OR INDIRECT CLAIMS OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, HARDWARE OR OTHER SOFTWARE FAILURES AND DEFECTS, AS WELL AS LOSS OF DATA OR PROFIT, REGARDLESS OF WHETHER SUCH LOSS AND DAMAGES ARE DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL) SUFFERED BY YOU OR A THIRD PARTY IN RELATION TO ACTIVITIES, SUCH AS THE USE OF THE SOFTWARE. TACP PROVIDES THE SOFTWARE AS IS AND TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW DOES NOT PROVIDE ANY WARRANTIES FOR THE SOFTWARE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS LICENSE AGREEMENT.
5. State/Jurisdiction Laws. 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.
6. Export Laws. This EULA involves products and/or technical data that may be controlled under the United States Export Administration Regulations ("EAR"). Any download, export, or reexport, directly or indirectly, of these items or the direct product thereof in contravention of U.S. law or any other applicable law is prohibited. You warrant and represent that you: (a) are not located in a prohibited destination under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria) or on any U.S. Government list of parties prohibited from receiving U.S. exports; (b) will not use or transfer such items to any such party or for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses unless authorized by U.S. regulation or license; (c) understand that countries or areas other than the United States may restrict the import, use, or export of products, and agree that you shall be solely responsible for compliance with such import, use, or export restrictions. This clause shall survive any termination of this EULA.
7. Governing Law. This EULA will be governed by the laws of the State of New Jersey, United States of America, excluding its conflict of law provisions.
8. 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.
9. 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.