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User Guide 61
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
CONSEQUENTIAL, 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