User's Manual

End User License Agreement 32
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