User's Manual

22 End User License Agreement
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.
Consent to Use of Data: You agree that Kyocera,
its afiliates 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 afiliates 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 afiliates and designated agents may
disclose this information to others, but not in a
form that personally identiies you.
Modiication 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