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confidence. You further acknowledge and agree that ownership of, and title to, the Software and all
subsequent copies thereof regardless of the form or media are held by Kyocera and its suppliers.
UNITED STATES GOVERNMENT LEGEND: The Software is commercial in nature and developed solely at private
expense. The Software is delivered as “Commercial Computer Software” as defined in DFARS 252.227-7014
(June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights
as are provided in this License Agreement, which is Kyocera’s standard commercial license for the Software.
Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR
52.227-14 (June 1987), whichever is applicable.
TERM AND TERMINATION: This License Agreement is effective until terminated. You may terminate it at any
time by destroying the Software and documentation together with all copies and merged portions in any
form. It will also terminate immediately if you fail to comply with any term or condition of this License
Agreement. Upon such termination you agree to destroy the Software and documentation, together with all
copies and merged portions in any form.
GOVERNING LAW: This License Agreement shall be governed by the laws of the State of California as such
laws are applied to agreements entered into and to be performed entirely within California between
California residents and by the laws of the United States. You agree that the United Nations Convention on
Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this
License Agreement.
LIMITED WARRANTY; LIMITATION OF LIABILITY: All warranties and limitations of liability applicable to the
Software are as stated on the Limited Warranty Card or in the product manual accompanying the Software.
Such warranties and limitations of liability are incorporated herein in their entirety by this reference.
LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW, KYOCERA EXCLUDES FOR
ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR
PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS,
LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN
CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE,
OR INTERRUPTION OF THIS PRODUCT, EVEN IF KYOCERA OR ITS AUTHORIZED RESELLER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO
REPLACEMENT OR REPAIR OF THE PRODUCT OR PART, OR REFUND OF THE PURCHASE PRICE
PAID, AT THE OPTION OF KYOCERA. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT
BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any
way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic
impact shall be substituted therefor.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between
you and Kyocera, supersedes all prior agreements, whether written or oral, with respect to the Software, and
may be amended only in writing signed by both parties.