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(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
User Guide
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. 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.
Termination: This License Agreement will
automatically terminate without notice from or
action by Kyocera if you fail to comply with
any term hereof.
Governing Law: This Agreement is governed
by the laws of State of California except any
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