Kyocera Hydro LIFE - Manual (Page 102)

102 User Manual
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 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.
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-