Kyocera Communications, Inc. ("KCI") offers you, the original purchaser who has purchased the enclosed subscriber unit ("Product") only from an authorized dealer in the United States, a limited warranty that the Product, including accessories in the Product's package, will be free from defects in material or workmanship as follows:
A. ONE (1) YEAR LIMITED WARRANTY: For a period of one (1) year from the date of original purchase, KCI will, at its option, either repair or replace a defective Product (with new or rebuilt parts/replacements).
B. LIMITED WARRANTY ON REPAIRED/REPLACED PRODUCTS: For a period equal to the remainder of the limited warranty period on the original Product or, on warranty repairs which have been effected on Products for 90 days after the date of its repair or replacement, whichever is longer, KCI will repair or replace (with new or rebuilt parts/replacements) defective parts or Products used in the repair or replacement of the original Product under the Limited Warranty on it. Proof that the Product is within the warranty period in the form of a bill of sale or warranty repair document that includes the date of purchase, Product serial number and the authorized dealer's name and address, must be presented to obtain warranty service. This limited warranty is not transferable to any third party, including but not limited to any subsequent purchaser or owner of the Product. Transfer or resale of a Product will automatically terminate warranty coverage with respect to it.
This limited warranty covers batteries only if battery capacity falls below 80% of rated capacity or the battery leaks. Also this limited warranty does not cover any battery if (i) the battery has been charged by a battery charger not specified or approved by KCI for charging the battery, (ii) any of the seals on the battery are broken or show evidence of tampering, or (iii) the battery has been used in equipment other than the SANYO brand mobile phone for which it is specified.
This limited warranty covers the Product only as originally supplied and does not cover and is void with respect to the following:
(i) Products which have been improperly installed, repaired, maintained or modified (including the antenna); (ii) Products which have been subjected to misuse (including Products used in conjunction with hardware electrically or mechanically incompatible or Products used with software, accessories, goods or ancillary or peripheral equipment not supplied or expressly authorized by KCI for use), abuse, accident, physical damage, abnormal use or operation, improper handling or storage, neglect, exposure to fire, water or excessive moisture or dampness or extreme changes in climate or temperature; (iii) Products operated outside published maximum ratings; (iv) cosmetic damage; (v) Products on which warranty stickers or Product serial numbers have been removed, altered, or rendered illegible; (vi) customer instruction; (vii) cost of installation, set up, removal or reinstallation; (viii) signal reception problems (unless caused by defect in material or workmanship); (ix) damage the result of fire, flood, acts of God or other acts which are not the fault of KCI and which the Product is not specified to tolerate, including damage caused by mishandling and blown fuses; (x) consumables (such as memory cards, fuses, etc.); (xi) third party software or applications, data and equipment not originally supplied with the Product; (xii) any Product in which the software has not been updated to the current version; (xiii) any Product in which the operating system has been unlocked (allowing installation of a third party operating system); or (xiv) any Products which have been opened, repaired, modified or altered by anyone other than KCI or a KCI authorized service center. Before returning any Product for service, be sure to back up data and remove any confidential, proprietary, or personal information from the Product. KCI is not responsible for damage to or loss of any software, applications, data or removable storage media.
This warranty is valid only in the United States. REPAIR OR REPLACEMENT, AS HERE IN ABOVE PROVIDED, IS YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE LIMITED WARRANTY. KCI SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, LOST SALES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT, OR ANTICIPATED PROFITS ARISING OUT OF USE OR INABILITY TO USE ANY PRODUCT (FOR EXAMPLE, WASTED AIRTIME CHARGES DUE TO THE MALFUNCTION OF A PRODUCT OR LOST APPLICATIONS).
THIS WARRANTY DOES NOT COVER PRODUCTS SOLD "AS IS" OR "WITH ALL FAULTS". KCI MAKES NO OTHER EXPRESS WARRANTY WITH RESPECT TO THE PRODUCTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE DURATION OF THIS EXPRESS WARRANTY.
Some States do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
This limited warranty gives you specific legal rights, and you may have other rights which vary from State to State.
To obtain warranty service, contact:
Kyocera Communications, Inc.
Attention : Customer Services for Wireless Products
Phone : 1-800-349-4478
Web : http://www.kyoceramobile.com
CAREFULLY READ THE FOLLOWING TERMS AND CONDITONS ("AGREEMENT") BEFORE USING OR OTHERWISE ACCESSING THE SOFTWARE OR SERVICES PROVIDED WITH YOUR KYOCERA DEVICE. THE SOFTWARE AND SERVICES PROVIDED WITH YOUR KYOCERA DEVICE ARE SOLEY FOR PERSONAL USE BY YOU, THE ORIGINAL END USER, AS SET FORTH BELOW.
BY ACTIVATING, USING, DOWNLOADING OR INSTALLING THIS KYOCERA DEVICE AND/OR THE SOFTWARE PROVIDED WITH IT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, DOWLOAD OR OTHERWISE ACCESS THE SOFTWARE OR SERVICES AND (I) PROMPTLY RETURN THE SOFTWARE OR SERVICE TO KYOCERA OR DELETE IT; OR (II) IF YOU HAVE PURCHASED THE KYOCERA DEVICE ON WHICH THE SOFTWARE OR SERVICE IS PRE-INSTALLED, PROMPTLY RETURN THE DEVICE AND THE ACCOMPANYING SOFTWARE (INCLUDING DOCUMENTATION AND PACKAGING) TO KYOCERA OR THE KYOCERA AUTHORIZED DISTRIBUTOR FROM WHICH YOU PURCHASED THE KYOCERA DEVICE.
License: Subject to the terms and conditions of this Agreement and any other terms that may be incorporated by reference or otherwise presented to you prior to your use of the Software, Kyocera grants you a limited, non-exclusive, license to use Kyocera and third party proprietary software and services found on your Kyocera device and/or packaged with your Kyocera device, including any updates to such material by whatever means provided, and any related documentation ("Software"). You may use the Software only as expressly authorized by this Agreement.
Limitations: This Software is licensed for use only on the single Kyocera device you originally purchased. You acknowledge and agree that ownership of the Software and all other rights associated with the Software not expressly granted in this Agreement are retained by Kyocera or its suppliers or licensors. You are not permitted to, in any way, distribute the Software or make it available over a network for use on more than the single Kyocera device for which it was originally supplied. The Software may be copied only as permitted by applicable law and as necessary for backup purposes. You may not remove any proprietary notices or labels on the Software or any copies thereof. You many not in any way, modify, reverse engineer, decompile, disassemble or create derivative works based on the Software (except to the extent that this restriction is expressly prohibited by law). You agree that you will not attempt to circumvent, disable or modify any security technology associated with the Software. You may use the Software only in a manner that complies with all applicable laws in the jurisdictions in which you use it, including, but not limited to, applicable restrictions concerning copyright and 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.
Open Source Software: The Software contains certain open source software which may be 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.
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 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.
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.