Kyocera DuraXA Quick Start Manual page 35

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 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
End User License Agreement 34