End User License Agreement
TOSHIBA CORPORATION
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
INSTALLING, USING THIS SOFTWARE (“SOFTWARE”). IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”),
DO NOT INSTALL OR USE THE SOFTWARE.
1. License.
Subject to the terms of this Agreement, TOSHIBA CORPORATION (hereafter “TOSHIBA”) grants
to you a non-exclusive, non-transferable and royalty-free license to use the Software only if you use
the Software for or with TOSHIBA solid state drive products. You shall not: copy or modify the
Software; reverse compile, reverse engineer, disassemble or reverse assemble all or any portion of the
Software; rent, lease, license, sublicense, distribute, transfer or sell the Software; or create derivative
works of the Software.
With respect to non-TOSHIBA Software (specified in Exhibit A), TOSHIBA shall in no way grants
license rights of the non-TOSHIBA Software to you unless TOSHIBA separately license to you. You
shall, at your own responsibility, obtain license rights from the licensor of such non-TOSHIBA
Software.
2. Title.
All right, title and interest to the Software, and any intellectual property right, including but not
limited to, patent, trademark, design patent, copyright, know-how and trade secret, and application
therefor (“Intellectual Property Right”) to the Software shall remain in TOSHIBA, its subsidiaries,
and/or its licensors.
3. No Support.
TOSHIBA may update the Software at its sole discretion and without notice, but TOSHIBA shall not
be obligated to support, update or provide training for the Software.
4. No Warranty.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS
WITHOUT ANY WARRANTY OR REPRESENTATION HEREUNDER. TOSHIBA, ITS
SUBSIDIARY, ITS SUPPLIER AND/OR ITS LICENSOR SHALL NOT BE LIABLE FOR ANY
LIABILITY (INCLUDING SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT OR
INDIRECT DAMAGE OR LIABILITY SUCH AS LOST REVENUES OR PROFITS AND LOST
OF DATA) ARISING FROM THE SOFTWARE EVEN IF TOSHIBA HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE OR LIABILITY. ALL TOSHIBA AND NON-TOSHIBA
SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND
BY TOSHIBA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOSHIBA, ITS
SUBSIDIARY, ITS SUPPLIER AND/OR ITS LICENSOR 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 TOSHIBA, ITS SUBSIDIARIES, ITS SUPPLIERS
NOR ITS LICENSOR 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 TOSHIBA OR A TOSHIBA AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. Indemnity.
You agree to indemnify, defend and hold TOSHIBA harmless from and against any and all liabilities,
damages, claims, expenses (including reasonable attorney’s fees) associated with or arising out of
your use of the Software, any actual or alleged breach of this Agreement by you, or any other matter
relating to the Software, including but not limited to the use of any of third party license.
6. LIMITATION OF LIABILITY.
TOSHIBA’S ITS SUBSIDIARIES’ ITS SUPPLIERS' AND/OR ITS LICENSORS’ ENTIRE
LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU SEPARATELY FOR THE
SOFTWARE OR U.S. $10.00 WHICHEVER IS LESS. 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.
7. Unintended Use.
THE SOFTWARE IS NEITHER INTENDED NOR WARRANTED FOR USE IN EQUIPMENTS
OR SYSTEMS THAT REQUIRE EXTRAORDINARILY HIGH LEVELS OF QUALITY AND/OR
RELIABILITY, AND/OR A MALFUNCTION OR FAILURE OF WHICH MAY CAUSE LOSS OF
HUMAN LIFE, BODILY INJURY, SERIOUS PROPERTY DAMAGE AND/OR SERIOUS PUBLIC
IMPACT ("UNINTENDED USE"). Unintended Use includes, without limitation, equipment used in
nuclear facilities, equipment used in the aerospace industry, medical equipment, equipment used for
automobiles, trains, ships and other transportation, traffic signaling equipment, equipment used to
control combustions or explosions, safety devices, elevators and escalators, devices related to electric
power, and equipment used in finance-related fields. IF YOU USE THE SOFTWARE FOR
UNINTENDED USE, TOSHIBA ASSUMES NO LIABILITY FOR THE SOFTWARE.
8. Export Control.
In connection with the Software, you shall comply with all applicable export control laws and
regulations, including, but not limited to U.S. Export Administration Regulations. Without limiting
the generality of the foregoing, you shall not export the Software, if applicable under the above laws
and regulations, without authorization from the appropriate government authorities, and shall not use
the Software for any purpose to develop and/or manufacture nuclear, chemical, biological weapons
and/or missiles.
9. No Assignment.
Neither this Agreement, nor any of the obligations or liabilities of either party hereunder, may be
assigned, transferred or conveyed by either party by you to any party, by operation of law or
otherwise, except upon the prior written consent of TOSHIBA.
10. Termination.
TOSHIBA may terminate this Agreement immediately, upon notice from TOSHIBA, if you breach
any provision of this Agreement. Upon termination, the licenses granted to you shall terminate, and
you shall cease all use of the Software.
11. General.
This Agreement constitutes the entire agreement between TOSHIBA and you regarding the subject
matter hereof and supersedes all previous oral or written communications between the parties. This
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Agreement will be governed by the laws of Japan, excluding its conflict of law provisions. If any
provision of this Agreement 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 of any breach of any provision of this Agreement 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 Toshiba policies or programs for support services conflict with the terms
of this Agreement, the terms of this Agreement shall control.
12. 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.
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EXHIBIT A NON-TOSHIBA SOFTWARE
This software may include third-party copyrighted software licensed under third-party licenses. Terms
and conditions of each third-party license shall only apply to applicable non-Toshiba Software. With
respect solely to third-party copyrighted software, no warranty is provided, to the extent permitted by
applicable law.
Non-Toshiba software includes the below.
1. Libcurl ver. 7.25
Libcurl ver. 7.25 is licensed under a license for this.
2. LibXml2 ver.2.8.0
LibXml2 ver. 2.8.0 is licensed under the MIT License (MIT)
---------------------------------------------------------------------------------------------------------------------------------License for Libcurl
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2015, Daniel Stenberg, daniel@haxx.se.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is
hereby granted, provided that the above copyright notice and this permission notice appear in all
copies.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or
otherwise to promote the sale, use or other dealings in this Software without prior written
authorization of the copyright holder.
---------------------------------------------------------------------------------------------------------------------------------The MIT License (MIT)
Copyright (C) 1998-2003 Daniel Veillard.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and
associated documentation files (the "Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial
portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
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CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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