Kyocera E4000 Microsoft Software License Terms, publish the software for others to copy

MICROSOFT SOFTWARE LICENSE TERMS 71

inherently statistical process and that recognition errors are inherent in the process. Neither Kyocera nor Microsoft or their suppliers shall be liable for any damages arising out of errors in the speech recognition process.

d. Phone Functionality. If the device software includes phone functionality, all or certain portions of the device software may be inoperable if you do not have and maintain a service account with a wireless telecommunication carrier ("Mobile Operator"), or if the Mobile Operator's network is not operating or configured to operate with the device.

3.SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Kyocera and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that allow you to use it only in certain ways. You may not:

• work around any technical limitations in the software;

• reverse engineer, decompile or disassemble the software;

• make more copies of the software than specified in this agreement;

• publish the software for others to copy;

• rent, lease or lend the software; or

• use the software for commercial software hosting services.

Except as expressly provided in this agreement, rights to access the software on this device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access this device.

You may use remote access technologies in the software such as Remote Desktop Mobile to access the software remotely from a computer or server. You are responsible for obtaining

any licenses required for use of the protocols to access other software.

4.INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. Microsoft may change or cancel them at any time.

a.Consent for Internet-Based Services. The software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off some of these features or not use them. For more information about these features, visit http://go.microsoft.com/fwlink/?LinkId=8193 1.

By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.

Device Information. The following features use Internet protocols, which send to the appropriate systems device information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you.

•Windows Mobile Update Feature. The Windows Mobile Update feature provides you the ability to obtain and install software updates on your device if updates are available. You may choose not to use this feature. Kyocera and/or your Mobile Operator may not support this feature or an update for your device.

•Windows Media Digital Rights Management. Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. This software and third party software use WMDRM to play