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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 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
End User License Agreement
19
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