User's Manual

TOSHIBA CORPORATION
IMPORTANT NOTE: PLEASE READ BEFORE USING YOUR MOBILE PHONE
BY ATTEMPTING TO USE ANY SOFTWARE ON THE SUPPLIED HANDSET THIS CONSTITUTES YOUR
ACCEPTANCE OF THESE EULA TERMS. IF YOU REJECT OR DO NOT AGREE WITH ALL THE TERMS OF THIS
EULA, PLEASE DO NOT ATTEMPT TO ACCESS OR USE THE SUPPLIED SOFTWARE.
End User License Agreement
This End User License Agreement (“EULA”) is a legal agreement between you (as the user) and TOSHIBA
CORPORATION (“Toshiba”) with regard to the copyrighted software as installed in a Toshiba 2.5G mobile phone
handset supplied to you (the “Handset”).
Use or disposal of any software installed in the Handset and related documentations (the “Software”) will constitute
your acceptance of these terms, unless separate terms are provided by the Software supplier on the Handset, in
which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not use
or dispose the Software.
1. License Grant. Toshiba grants to you a personal, non-transferable and non-exclusive right to use the Software as
set out in this EULA. Modifying, adapting, translating, renting, copying, making available, 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, except as expressly permitted in this EULA. Furthermore, you
hereby agree not to create derivative works based on the Software.
2. Copyright. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the
Software is or will be transferred to you. You further acknowledge that title and full ownership rights to the Software will
remain the exclusive property of Toshiba, Toshiba’s affiliates, and/or their suppliers, and you will not acquire any rights
to the Software, except as expressly set out in this EULA. You may keep a back-up copy of the Software only so far as
necessary for its lawful use. All copies of the Software must contain the same proprietary notices as contained in or on
the Software and are subject to the terms of this EULA. All rights not expressly granted under this EULA are reserved
to Toshiba, Toshiba’s affiliates and/or their suppliers.
3. Reverse Engineering. You agree that you will not attempt, and if you are a business organisation, you will use your
best efforts to prevent your employees, servants and contractors from attempting to reverse engineer, decompile,
modify, translate or disassemble the Software in whole or in part except to the extent that such actions cannot be
excluded by mandatory applicable law and only if those actions are taken in accordance with such applicable law. 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 Toshiba.
4. LIMITED WARRANTY. Only during the warranty period for the Handset, Toshiba, Toshiba’s affiliate, its suppliers or
its authorized service company will repair or replace, at Toshiba’s sole discretion, defective Software unless such
defect results from acts or phenomenon beyond the reasonable control of Toshiba. EXCEPT AS PROVIDED IN THIS
EULA: (A) TOSHIBA, TOSHIBA’S AFFILIATES, AND THEIR SUPPLIERS DISCLAIM ALL WARRANTIES,
CONDITIONS OR OTHER TERMS (WHETHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO
WARRANTIES, CONDITIONS AND TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; AND (B)
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. YOU