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Chapter 10: Appendix
of the Related Parties arising out of, or otherwise relating to:
(i) this warranty; (ii) the Television; (iii) any oral or written
representations, statements, brochures, press releases,
advertising, announcement, point of sale display, or
promotional material relating to the Television; (iv) the
relationships that result from this warranty, (the foregoing
claims, disputes controversies and disagreements are
collectively referred to as the “Dispute”), shall be referred to
and resolved by final and binding arbitration (to the exclusion
of the courts). To the extent not precluded by law, you agree
to waive any right that you may have to commence or
participate in any representative or class proceeding against
the Related Parties relating to any Dispute. If and where
applicable and to the extent not precluded by law, you further
agree to opt out of any such representative or class
proceedings. Arbitration of any Dispute will be conducted in
the forum and in the manner as agreed to between you and
TCL. Failing such agreement, the arbitration will be
conducted by one arbitrator pursuant to the laws and rules
relating to arbitration generally in force in the jurisdiction in
which you reside at the time that the Dispute arises. To the
extent not precluded by law, no claim, dispute, controversy or
disagreement of any other person may be joined or combined
with any Dispute by you, without the prior written consent of
TCL.
Critical Applications
The Television you have purchased is not designed for any
“critical applications.” “Critical applications” means life
support systems, medical applications, connections to
implanted medical devices, commercial transportation,
nuclear facilities or systems or any other applications where
Television failure could lead to injury to persons or loss of life
or catastrophic property damage.
IF THE CUSTOMER USES THE TELEVISION IN ANY
CRITICAL APPLICATION, THE CUSTOMER AND NOT TCL,
ITS AFFILIATES, ADRs OR ASPs – ASSUME SOLE AND FULL
RESPONSIBILITY FOR SUCH USE. TCL RESERVES THE
RIGHT TO REFUSE TO SERVICE ANY TELEVISION USED IN
A CRITICAL APPLICATION. TCL, ITS AFFILIATES, ADRs
AND ASPs HEREBY DISCLAIM ANY AND ALL LIABILITY,
DAMAGES AND CONSEQUENCES ARISING OUT OF THE
SERVICE OR REFUSAL TO SERVICE SUCH TELEVISION
AND FURTHER DISCLAIM ANY AND ALL LIABILITY,
CONSEQUENCES AND DAMAGES THAT MAY ARISE OR
RESULT FROM THE USE OF THE TELEVISION IN ANY
CRITICAL APPLICATIONS.
General Provisions
If and to the extent that any provision of this limited warranty
should generally be found to be unenforceable, the
unenforceable provision shall be severed from the warranty
and deemed not to form part of the warranty. The remaining
provisions of this warranty shall be and remain valid and
enforceable. If and to the extent that any provision of this
limited warranty as it relates to any of the Related Parties is
found to be invalid or unenforceable in respect of that party
(the “
Excluded Party
”), the Excluded Party shall be deemed
to be severed or excluded from the provision, and the
provision shall remain valid, enforceable and applicable in
respect of the other or remaining Related Parties.
To the extent permitted by law, this limited warranty shall be
governed and construed in accordance with the laws of
Ontario.
If there is any inconsistency between this limited warranty, on
the one hand, and any statement in the packaging of the
Television or in any other document enclosed with, or used in
the context of the promotion or sale of, the Television, on the
other hand, the provisions of this limited warranty shall
prevail.
How to Obtain Warranty Services
If, after following all of the operating instructions in this
manual, checked the “Troubleshooting” section, and have
visited
www.toshiba.ca/support
for additional
information, you find that service is needed, please contact
TCL Customer Support toll free at 1 800 268-3404.
For at least three (3) years from the date of distribution of
the this product, Toshiba will give to anyone who contacts
Toshiba Consumer Solutions at (800) 631-3811, for a
charge of no more than our cost of physically performing
source code distribution, a complete machine-readable
copy of the complete corresponding GPL and LGPL
source code for the version of the GPL and LGPL code
that we distributed to you in this product.
GPL: Linux Kernel 2.6.20.19, busybox 1.4.2, pump-
autoip 0.8.11.1
LGPL: glibc 2.5.1, gcc 4.1.2, avformat 52.31.0, avcodec
52.20.0, avutil 49.15.0
Portions of this software are copyright (C) <2007> The
Free Type Project(www.freetype.org
). All rights reserved.
This software is based in part on the work of the
Independent JPEG group.
Copyright (C) 1996 - 2009, 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