Sanyo Zio User Manual page 131

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:
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.
Additionally, some Software may be subject to different or
additional terms presented to you through a separate click-
through or other type of agreement or notice prior to your use of
such Software.
This License Agreement will automatically terminate without
Termination:
notice from or action by Kyocera if you fail to comply with any term hereof.
This Agreement is governed by the laws of State of
Governing Law:
California except any conflict of law provisions. The U.N. Convention on
Contracts for the International Sales of Goods is hereby excluded in its
entirety from this Agreement.
If any provision of this Agreement is found to be invalid, illegal
Severability:
or unenforceable, the validity, legality or enforceability of the remaining
provisions will not in any way be impacted or impaired.
4C. End User License Agreement
Kyocera reserves the right to
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