
24
TCL Communication Ltd. shall not be held legally responsible
for such differences, if any, nor for their potential
consequences, which responsibility shall be borne by Optus
exclusively. This phone may contain materials, including
applications and software in executable or source code
form, which is submitted by third parties for inclusion in this
phone ("Third Party Materials"). All Third Party Materials
in this phone are provided "as is", without warranty of any
kind, whether express or implied. The purchaser undertakes
that TCL Communication Ltd. has complied with all quality
obligations incumbent upon it as a manufacturer of
mobile devices and phones in complying with Intellectual
Property rights. TCL Communication Ltd. will at no stage
be responsible for the inability or failure of the Third Party
Materials to operate on this phone or in interaction with
any other device. To the maximum extent permitted by law,
TCL Communication Ltd. disclaims all liability for any claims,
demands, suits or actions, and more specifically – but not
limited to – tort law actions, under any theory of liability,
arising out of the use, by whatever means, or attempts to
use, such Third Party Materials. Moreover, the present Third
Party Materials, which are provided free of charge by TCL
Communication Ltd., may be subject to paid updates and
upgrades in the future; TCL Communication Ltd. waives any
responsibility regarding such additional costs, which shall
be borne exclusively by the purchaser. TCL Communication
Ltd. shall not be held responsible for the lack of availability
of any application, as its availability depends on the country
and the Optus. TCL Communication Ltd. reserves the
right at any time to add or remove Third Party Materials
from its phones without prior notice; in no event shall TCL
Communication Ltd. be held responsible by the purchaser for
any consequences of such removal.