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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
End User License Agreement
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
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