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73MICROSOFT SOFTWARE LICENSE TERMS
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. Kyocera 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, Kyocera 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.
4J.02905.013