110
Kyocera QCP 6035 Smartphone User’s
on Contracts for the International Sale of Goods (1980) is hereby excluded in
its entirety from application to this License Agreement.
LIMITED WARRANTY; LIMITATION OF LIABILITY:
All warranties and
limitations of liability applicable to the Software are as stated on the Limited
Warranty Card or in the product manual accompanying the Software. Such
warranties and limitations of liability are incorporated herein in their entirety
by this reference.
LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW,
KYOCERA EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY,
WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF
BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS
ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS
PRODUCT, EVEN IF KYOCERA OR ITS AUTHORIZED RESELLER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS
LIABILITY TO REPLACEMENT OR REPAIR OF THE PRODUCT OR PART, OR
REFUND OF THE PURCHASE PRICE PAID, AT THE OPTION OF KYOCERA. THIS
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