and more specifically – but not limited to – tort law actions, under any theory
of liability, arising out of the use, by whatever means, or attempts to use,
such Third Party Materials. Moreover, the present Third Party Materials,
which are provided free of charge by TCT Mobile, may be subject to paid
updates and upgrades in the future; TCT Mobile waives any responsibility
regarding such additional costs, which shall be borne exclusively by the
purchaser. The availability of the applications may vary depending on the
countries and the operators where the handset is used; in no event shall the
list of possible applications and software provided with the handsets be
considered as an undertaking from TCT Mobile; it shall remain merely as
information for the purchaser. Therefore, TCT Mobile shall not be held
responsible for the lack of availability of one or more applications wished for
by the purchaser, as its availability depends on the country and the operator
of the purchaser. TCT mobile reserves the right at any time to add or remove
Third Party Materials from its handsets without prior notice; in no event shall
TCT Mobile be held responsible by the purchaser for any consequences that