User's Guide

Should either party bring a Dispute in a forum other than NAF, the arbitrator may

award the other party its reasonable costs and expenses (including but not limited to

attorneys’ fees) incurred in enforcing compliance with this binding arbitration

provision, including staying or dismissing such other proceeding. Information about

the NAF is available on line at www.arb-forum.com, by phone at 1-800-474-2371 or

by writing to P.O. Box 50191, Minneapolis, MN, 55405. For the purpose of this

binding arbitration Paragraph, the term “Toshiba” means Toshiba America

Information Systems, Inc., its parents, subsidiaries and affiliates, and each of their

officers, directors, employees, agents, beneficiaries, assigns and suppliers; and the

term “Customer” means Customer, or those in privity with Customer, such as

Customer’s family members, beneficiaries and/or assigns. If NAF should cease

operations, Customer and Toshiba shall agree on another arbitration forum. The

arbitration shall be held at a reasonable, mutually agreed upon location by submission

of documents, by telephone, online or in person as selected by Customer. The

arbitration will be conducted before a single arbitrator, and will be limited solely to

the Dispute between Customer and Toshiba. The arbitration, or any portion of it, will

not be consolidated with any other arbitration and will not be conducted on a

class-wide or class action basis. If Customer prevails in the arbitration of any Dispute

with Toshiba, Toshiba will reimburse Customer for any fees Customer actually paid to

NAF in connection with the arbitration. Any decision or award of the arbitrator

rendered in such arbitration proceeding shall be final and binding on each of the

parties, and may be entered as a judgment in any court of competent jurisdiction.

This binding arbitration provision shall be governed by the United States Federal

Arbitration Act, 9 U.S.C. Section 1, et seq.

Protection of Stored Data

For Customer’s important data, please make periodic back-up copies of all the data

stored on the hard disk or other storage devices as a precaution against possible

failures, alteration, or loss of the data. IF CUSTOMER’S DATA IS ALTERED OR

LOST DUE TO ANY TROUBLE, FAILURE OR MALFUNCTION OF THE

PRODUCT, HARD DISK DRIVE OR OTHER STORAGE DEVICES AND THE

DATA CANNOT BE RECOVERED, TOSHIBA SHALL NOT BE LIABLE FOR

ANY DAMAGE OR LOSS OF DATA, OR ANY OTHER DAMAGE RESULTING

THEREFROM. WHEN COPYING OR TRANSFERRING CUSTOMER’S DATA,