15
their potential consequences, which responsibility shall be borne by the operator
exclusively.
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.
