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4C. End User License Agreement 151
End User License
Agreement
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 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
affiliates 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 affiliates 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 affiliates and
designated agents may disclose this information to others, but
not in a form that personally identifies you.
Modification 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
163


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