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End User License Agreement 23
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 CON
SEQUENTIAL,
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