Kyocera Rise Basic Manual page 35

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 restrictions
from third party licensors or due to safety or security
concerns or government restrictions or court orders.
Kyocera reserves the right to modify the terms of
this Agreement at its sole discretion. Any such
modification will be effective upon Kyocera or a
Kyocera affiliate or agent sending notice to you by
email, text message, other electronic
communication or postal mail. Your continued use of
the Software after such notice will constitute your
binding acceptance of the Agreement as revised.
End User License Agreement 35