KYOCERA hydro User Guide
End Users License Agreement
175
which you use it, including, but not limited to, applicable restrictions concerning copyright and
other intellectual property rights and/or the export control regulations.
other intellectual property rights and/or the export control regulations.
Some of the Software packaged with your Kyocera device may be provided by third parties
(
(
“Third Party Software”). Third Party Software may also be available from third party content
distributors such as application stores. Third Party content may be subject to different or
additional terms and conditions as determined by the Third Party Software provider. THIRD
PARTY SOFTWARE IS NOT A KYOCERA PRODUCT. KYOCERA IS NOT RESPONSIBLE
FOR AND HAS NO LIABILITY WITH REGARD TO THIRD PARTY SOFTWARE.
additional terms and conditions as determined by the Third Party Software provider. THIRD
PARTY SOFTWARE IS NOT A KYOCERA PRODUCT. KYOCERA IS NOT RESPONSIBLE
FOR AND HAS NO LIABILITY WITH REGARD TO THIRD PARTY SOFTWARE.
Open Source Software: The Software contains certain open source software which may be
subject to the GNU General Public License (
subject to the GNU General Public License (
“GPL”), GNU Library/Lesser General Public
License (
“LGPL”) and/or other copyright licenses, disclaimers and notices (“Open Source
License Terms
”). The applicable Open Source License Terms for the corresponding Open
Source 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.
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
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.
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
safe performance. You may not use the software in any device or system in which a malfunction