Manual Sanyo Innuendo SCP6780 - Boost (page 88 of 92) (English)

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82 4C. End User License Agreement

engineer, decompile, disassemble or create derivative works based on the

Software (except to the extent that this restriction is expressly prohibited by

law). You agree that you will not attempt to circumvent, disable or modify

any security technology associated with the Software. You may use the

Software only in a manner that complies with all applicable laws in the

jurisdictions in which you use it, including, but not limited to, applicable

restrictions concerning copyright and other intellectual property rights and/

or the export control regulations.

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 infrastructure facilities, medical equipment, aircraft

Boost6780_QRG.book 82 ページ２０１１年１月１７日　月曜日　午後３時１１分

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Sanyo Innuendo SCP6780 - Boost Manual

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