Toshiba Mobile Communications

MICROSOFT SOFTWARE LICENSE TERMS FOR
WINDOWS MOBILE 6 SOFTWARE
These license terms are an agreement between you and Toshiba. Please read them. They apply to the software included on this device. The software also includes any separate media on which you received the software.
The software on this device includes software licensed by Toshiba from Microsoft Corporation or its affiliate.
The terms also apply to any
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.

As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
By using the software, including use on this device, you accept these terms. If you do not accept them, do not use the device or software. Instead, contact Toshiba to determine its return policy for a refund or credit.
WARNING: If the software contains voice operated technologies, then operating this software requires user attention. Diverting attention away from the road while driving can possibly cause an accident or other serious consequence. Even occasional, short diversions of attention can be dangerous if your attention is diverted away from your driving task at a critical time. Toshiba and Microsoft make no representations, warranties or other determinations that ANY use of this software is legal, safe, or in any manner recommended or intended while driving or otherwise operating a motor vehicle.

If you comply with these license terms, you have the rights below.
1. USE RIGHTS.
You may use the software on the device with which you acquired the software.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Specific Use. Toshiba designed this device for a specific use. You may only use the software for that use.
b. Included Microsoft Programs and Additional Required Licenses. Except as provided below, these license terms apply to all Microsoft programs included with the software. If the license terms with any of those programs give you other rights that do not expressly conflict with these license terms, you also have those rights.
i. This agreement does not grant you any rights with respect to the Windows Mobile Device Center, Microsoft ActiveSync or Microsoft Outlook 2007 Trial which are subject to the licenses accompanying those items.
c. Speech Recognition. If the software includes speech recognition component(s), you understand that speech recognition is an inherently statistical process and that recognition errors are inherent in the process. Neither Toshiba nor Microsoft or their suppliers shall be liable for any damages arising out of errors in the speech recognition process.
d. Phone Functionality. If the device software includes phone functionality, all or certain portions of the device software may be inoperable if you do not have and maintain a service account with a wireless telecommunication carrier (“Mobile Operator”), or if the Mobile Operator’s network is not operating or configured to operate with the device.

3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Toshiba and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that allow you to use it only in certain ways. You may not:
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software;
• make more copies of the software than specified in this agreement;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
Except as expressly provided in this agreement, rights to access the software on this device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access this device.
You may use remote access technologies in the software such as Remote Desktop Mobile to access the software remotely from a computer or server. You are responsible for obtaining any licenses required for use of the protocols to access other software.

4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. Microsoft may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off some of these features or not use them. For more information about these features, visit http://go.microsoft.com/fwlink/?LinkId=81931.
By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
Device Information. The following features use Internet protocols, which send to the appropriate systems device information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you.

• Windows Mobile Update Feature. The Windows Mobile Update feature provides you the ability to obtain and install software updates on your device if updates are available. You may choose not to use this feature. Toshiba and/or your Mobile Operator may not support this feature or an update for your device.
• Windows Media Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. This software and third party software use WMDRM to play and copy WMDRM-protected content. If the software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect other content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. Microsoft software that includes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not be able to access content that requires the upgrade.
b. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

5. NOTICES ABOUT THE MPEG-4 VISUAL STANDARD. The software may include MPEG-4 visual decoding technology. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.
If you have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, CO 80206; www.mpegla.com.
6. DIGITAL CERTIFICATES. The software uses digital certificates in X.509 format. These digital certificates are used for authentication.
7. CONNECTIVITY SOFTWARE. Your device package may include Windows Mobile Device Center or Microsoft ActiveSync software. If it is included, then you may install and use it in accordance with the license terms that are provided with it. If no license terms are provided, then you may install and use only one (1) copy of the software on a single computer.
8. NETWORK ACCESS. If you are using a network, such as an employer network, the network administrator may limit features or functionality on your device.
9. PRODUCT SUPPORT. Contact Toshiba for support options. Refer to the support number provided with the device.
10. LINKS TO THIRD PARTY WEBSITES. If the software provides links to third party websites, those links are provided to you only as a convenience, and the inclusion of any link does not imply an endorsement of the third party website by Microsoft.
11. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software on the device.

12. PROOF OF LICENSE. If you acquired the software on the device, or on a disc or other media, a genuine Certificate of Authenticity label with a genuine copy of the software identifies licensed software. To be valid, this label must be affixed to the device, or included on or in Toshiba’s software packaging. If you receive the label separately, it is not valid. You should keep the label on the device or packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see http://www.howtotell.com.
13. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of Authenticity label, and these license terms directly to a third party. Before the transfer, that party must agree that these license terms apply to the transfer and use of the software. You may not retain any copies of the software including the backup copy.
14. NOT FAULT TOLERANT. The software is not fault tolerant. Toshiba installed the software on the device and is responsible for how it operates on the device.
15. RESTRICTED USE. The Microsoft software was designed for systems that do not require fail-safe performance. You may not use the Microsoft software in any device or system in which a malfunction of the software would result in foreseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control.
16. NO WARRANTIES FOR THE SOFTWARE. The software is provided “as is”. You bear all risks of using it. Microsoft gives no express warranties, guarantees or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft or its affiliates. When allowed by your local laws, Toshiba and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

17. LIABILITY LIMITATIONS. You can recover from Microsoft and its affiliates only direct damages up to fifty U.S. Dollars (U.S. $50.00), or equivalent in local currency. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
• anything related to the software, services, content (including code) on third party internet sites, or third party programs, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft should have been aware of the possibility of the damages. The above limitation may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
18. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.