End Users License Agreement
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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
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.
