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STATED IN THIS WARRANTY, WHETHER MADE BY TSP, ITS AFFILIATES, ADRs AND
ASPs, ORALLY OR IN WRITING (INCLUDING ANY STATEMENT IN ANY BROCHURE,
PRESS RELEASE, ANNOUNCEMENT, ADVERTISEMENT, POINT OF SALE DISPLAY,
ETC.).
YOU MUST READ AND FOLLOW ALL SET-UP AND USAGE INSTRUCTIONS IN THE
APPLICABLE USER GUIDES AND/OR MANUALS ENCLOSED. IF YOU FAIL TO DO SO,
THIS PRODUCT MAY NOT FUNCTION PROPERLY AND YOU MAY LOSE DATA OR
SUFFER OTHER DAMAGES.
THIS WARRANTY WILL NOT COVER ANY SERVICE THAT IS REQUIRED, IN PART OR
IN WHOLE, AS A RESULT OF ANY FAILURE TO FOLLOW THE SET-UP AND USAGE
INSTRUCTIONS. THIS WARRANTY DOES NOT APPLY AND SHALL BE VOID AND
NONENFORCEABLE IF THE PRODUCT IS OPENED, SERVICED, OR REPAIRED BY
PERSONS OTHER THAN THOSE AUTHORIZED BY TSP TO SERVICE OR REPAIR THE
PRODUCT. TSP, ITS AFFILIATES, ADRs, ASPs AND SUPPLIERS DO NOT WARRANT
THAT OPERATION OF THIS PRODUCT WILL BE UNINTERRUPTED, ERROR FREE OR
UNAFFECTED IN ALL CIRCUMSTANCES. TSP HEREBY ADVISES, AND THE
CUSTOMER HEREBY ACKNOWLEDGES THAT INTERRUPTIONS, ERRORS AND
OTHER AFFECTS (INCLUDING SLOW OR SLUGGISH PERFORMANCE, LOCK-UPS,
FREEZES AND SHUTDOWNS) ARE COMMON FOR COMPUTER, COMPUTER RELATED
ACCESSORIES AND ELECTRONIC PRODUCTS AND DO NOT NECESSARILY EITHER
CONSTITUTE MATERIAL DEFECTS OR RESULT IN A FAILURE COVERED BY THIS
LIMITED WARRANTY. IF THIS PRODUCT FAILS TO WORK AS WARRANTED ABOVE,
YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT OF
THE DEFECTIVE PART. IN NO EVENT WILL TSP, TOSHIBA CORPORATION, THEIR
AFFILIATES, SUPPLIERS, ADRs OR ASPs BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DAMAGES. THIS LIMITATION APPLIES TO DAMAGES, COSTS OR
EXPENSES OF ANY KIND WHATSOEVER INCLUDING (1) DAMAGE TO, OR LOSS OR
CORRUPTION OF, YOUR RECORDS, PROGRAMS, DATA OR REMOVABLE STORAGE
MEDIA, OR (2) ANY DIRECT OR INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS
OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), UNDER A STATUTE OR UNDER ANY OTHER LAW OR
FORM OR ACTION, OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO
USE SUCH PRODUCT AND/OR THE ENCLOSED USER GUIDES AND/OR MANUALS,
EVEN IF TSP, OR AN AUTHORIZED TSP REPRESENTATIVE, ASP OR ADR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OF ANY CLAIM BY ANY
OTHER PARTY (the foregoing damages, costs or expenses are collectively referred to below as
the "Damages"). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
NOR LIMITATION OF DAMAGES FOR SOME PRODUCTS SO THAT THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY IN YOUR JURISDICTION.
DATA STORAGE MEDIA: PROTECTION OF DATA & INFORMATION
The only effective protection for any Operating System, software programs, data or information
stored on any media or any part of any Product (collectively referred to as the "Data") is the
regular discipline of backing up the Data. Be sure to periodically back up Data. Before returning
any Product for service, be sure to back up Data and remove any confidential, proprietary, or
personal information. Always confirm whether the Data has been successfully backed up, copied
or transferred. It is solely your responsibility to assure the back-up, integrity and security of any
Data (as defined below). TSP, ASPs and ADRs are not responsible for any Damages whatsoever
arising in connection with or as a result of: any Data that is altered, deleted, damaged, lost or in
any way modified at any time, even if it results from a failure otherwise covered under this
warranty or arises during or in connection with the repair or replacement of the Product; or any
restoration or reinstallation of any Data other than software installed when the Product was
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