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62 End User License Agreement
REMEDY IS DEEMED TO HAVE FAILED ITS
ESSENTIAL PURPOSE. KYOCERA’S
TOTAL LIABILITY FOR ANY DAMAGES
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.