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174 4C. End User License Agreement
Software only in a manner that complies with all applicable
laws in the jurisdictions in which you use it, including, but not
limited to, applicable restrictions concerning copyright and
other intellectual property rights and/or the export control
regulations.
Some of the Software packaged with your Kyocera device may
be provided by third parties (“Third Party Software”). Third Party
Software may also be available from third party content
distributors such as application stores. Third Party content may
be subject to different or additional terms and conditions as
determined by the Third Party Software provider. THIRD PARTY
SOFTWARE IS NOT A KYOCERA PRODUCT. KYOCERA IS
NOT RESPONSIBLE FOR AND HAS NO LIABILITY WITH
REGARD TO THIRD PARTY SOFTWARE.
Open Source Software: The Software contains certain open
source software which may be subject to the GNU General
Public License (“GPL”), GNU Library/Lesser General Public
License (“LGPL”) and/or other copyright licenses, disclaimers
and notices (“Open Source License Terms”). The applicable
Open Source License Terms for the corresponding Open
Source Software are reproduced and available at
http://
www.opensource.org/licenses. Please refer to the Open
Source License Terms regarding your rights under such
licenses to the Open Source Software. To the extent any such
agreement requires that Kyocera provide you the rights to copy,
modify, distribute or otherwise use any Open Source Software
that are inconsistent with the limited rights granted to you in this
Agreement, then such rights in the applicable Open Source
License shall take precedence over the rights and restrictions
granted in this Agreement, but solely with respect to such Open
Source Software.
Disclaimer of Warranty and Liability: THE SOFTWARE IS
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
KYOCERA FURTHER DISCLAIMS ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE,
ACCURACY, CORRESPONDENCE WITH DESCRIPTION AND
SATISFACTORY QUALITY. TO THE MAXIMUM EXTENT
PERMISSIBLE BY LAW, THE ENTIRE RISK ARISING OUT OF
THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS
WITH YOU. IN NO EVENT WILL KYOCERA, ITS EMPLOYEES,
OFFICERS, SHAREHOLDERS, LICENSORS, SUPPLIERS,
CARRIER OR DISTRIBUTOR CUSTOMERS OR AFFILIATES BE
HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS) ARISING OUT OF THIS
AGREEMENT OR THE USE OF OR INABILITY TO USE THE
SOFTWARE, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR
ANY OTHER THEORY, EVEN IF KYOCERA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED
ITS ESSENTIAL PURPOSE. KYOCERA’S TOTAL LIABILITY
FOR ANY DAMAGES UNDER THIS AGREEMENT SHALL
NEVER EXCEED THE PURCHASE PRICE YOU PAID FOR THE
KYOCERA DEVICE.
No software is fault free. The Software is designed for use in
systems that do not require fail-safe performance. You may not
use the software in any device or system in which a