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4C. End User License Agreement 175
End User License
Agreement
malfunction of the software would result in foreseeable risk of
loss, injury or death to any person. This includes operation of
nuclear or infrastructure facilities, medical equipment, aircraft
navigation or communication systems or use in risky or
dangerous situations or environments.
Consent to Use of Data: You agree that Kyocera, its affiliates
and its designated agents may collect and use technical and
related information, gathered in any manner, as part of its
product support services. Kyocera, its affiliates and designated
agents may use this information solely to improve its products
or to provide customized services or technologies to you.
Kyocera will collect and use this information in accordance with
its privacy policy and accordance with applicable data
protection laws. Kyocera, its affiliates and designated agents
may disclose this information to others, but not in a form that
personally identifies you.
Modification of Software and Terms of Use: Kyocera reserves
the right to from time to time modify any portion of the Software.
Kyocera may be required to take these actions due to
restrictions from third party licensors or due to safety or security
concerns or government restrictions or court orders.
Kyocera reserves the right to modify the terms of this
Agreement at its sole discretion. Any such modification will be
effective upon Kyocera or a Kyocera affiliate or agent sending
notice to you by email, text message, other electronic
communication or postal mail. Your continued use of the
Software after such notice will constitute your binding
acceptance of the Agreement as revised. Additionally, some
Software may be subject to different or additional terms
presented to you through a separate click-through or other type
of agreement or notice prior to your use of such Software.
Termination: This License Agreement will automatically
terminate without notice from or action by Kyocera if you fail to
comply with any term hereof.
Governing Law: This Agreement is governed by the laws of
State of California except any conflict of law provisions. The
U.N. Convention on Contracts for the International Sales of
Goods is hereby excluded in its entirety from this Agreement.
Severability: If any provision of this Agreement is found to be
invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions will not in any way be
impacted or impaired.
Entire Agreement: By using or otherwise accessing the
Software, you agree that this Agreement sets forth the entire
agreement between you and Kyocera with regard to the
Software and supersedes all prior agreements, notwithstanding
the terms of any such agreements.