Table of Contents
Advertisement
Boost6780_QRG.book 82 ページ ２０１１年１月１７日 月曜日 午後３時１１分
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
82
4C. End User License Agreement
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
Advertisement
Table of Contents
