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This handset may contain materials, including applications and software
in executable or source code form, which is submitted by third parties
for inclusion in this handset (“Third Party Materials”). All third party
materials in this handset are provided “as is”, without warranty of any
kind, whether express or implied, including the implied warranties
of merchantability, fitness for a particular purpose or use/third party
application, interoperability with other materials or applications of the
purchaser and non-infringement of copyright. The purchaser undertakes
that TCT Mobile has complied with all quality obligations incumbent upon
it as a manufacturer of mobile devices and handsets in complying with
Intellectual Property rights. TCT Mobile will at no stage be responsible
for the inability or failure of the Third Party Materials to operate on this
handset or in interaction with any other devices of the purchaser. To
the maximum extent permitted by law, TCT Mobile disclaims all liability
for any claims, demands, suits or actions, and more specifically – but not
limited to – tort law actions, under any theory of liability, arising out of the
use, by whatever means, or attempts to use, such Third Party Materials.
Moreover, the present Third Party Materials, which are provided free of
charge by TCT Mobile, may be subject to paid updates and upgrades in
the future; TCT Mobile waives any responsibility regarding such additional
costs, which shall be borne exclusively by the purchaser. The availability of
the applications may vary depending on the countries and the operators
where the handset is used; in no event shall the list of possible applications
and software provided with the handsets be considered as an undertaking
from TCT Mobile; it shall remain merely as information for the purchaser.
Therefore, TCT Mobile shall not be held responsible for the lack of
availability of one or more applications wished for by the purchaser, as
its availability depends on the country and the operator of the purchaser.
TCT mobile reserves the right at any time to add or remove Third Party
Materials from its handsets without prior notice; in no event shall TCT
Mobile be held responsible by the purchaser for any consequences that
such removal may have on the purchaser regarding the use or attempt to
use such applications and Third Party Materials.
