User manual

206 Kyocera Smartphone Reference Guide
EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or
accompanying documentation (or any copies thereof) or any products utilizing the Software or
such documentation in violation of any applicable laws or regulations of the United States or the
country in which you obtained them.
TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization
of the Software are the valuable trade secrets of Kyocera and its suppliers. You agree to hold such
trade secrets in 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.