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User Guide
67
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, SHAREHOLD-
ERS, 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.
ConsenttoUseofData:YouagreethatKyocera,itsafliatesanditsdesignatedagentsmay
collect and use technical and related information, gathered in any manner, as part of its
productsupportservices.Kyocera,itsafliatesanddesignatedagentsmayusethisinfor-
mation 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
accordancewithapplicabledataprotectionlaws.Kyocera,itsafliatesanddesignated
agentsmaydisclosethisinformationtoothers,butnotinaformthatpersonallyidenties
you.ModicationofSoftwareandTermsofUse:Kyocerareservestherighttofromtimeto
time modify any portion of the Software. Kyocera may be required to take these actions
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