Kyocera Rally User Manual page 75

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 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.
End User License Agreement
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
conflict of law provisions. The U.N.
Convention on Contracts for the International
Sales of Goods is hereby excluded in its
entirety from this Agreement.
Severability: If any provision of this
Agreement is found to be invalid, illegal or
unenforceable, the validity, legality or
enforceability of the remaining provisions will
not in any way be impacted or impaired.
Entire Agreement: By using or otherwise
accessing the Software, you agree that this
Agreement sets forth the entire agreement
between you and Kyocera with regard to the
Software and supersedes all prior
agreements, notwithstanding the terms of any
such agreements.
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