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24 End User License Agreement
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 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.