MICROSOFT SOFTWARE LICENSE TERMS

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license terms directly to a third party. Before the transfer, that party must agree that these license terms apply to the transfer and use of the software. You may not retain any copies of the software including the backup copy.

14.NOT FAULT TOLERANT. The software is not fault tolerant. Kyocera installed the software on the device and is responsible for how it operates on the device.

15.RESTRICTED USE. The Microsoft software was designed for systems that do not require fail-safe performance. You may not use the Microsoft software in any device or system in which a malfunction of the software would result in foreseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control.

16.NO WARRANTIES FOR THE SOFTWARE. The software is provided "as is". You bear all risks of using it. Microsoft gives no express warranties, guarantees or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft or its affiliates. When allowed by your local laws, Kyocera and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

17.LIABILITY LIMITATIONS. You can recover from Microsoft and its affiliates only direct damages up to fifty U.S. Dollars (U.S. $50.00), or equivalent in local currency. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to:

anything related to the software, services, content (including code) on third party internet sites, or third party programs, and

claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft should have been aware of the possibility of the damages. The above limitation may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

18.EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

4J.02905.013

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Kyocera E4000 specifications 4J.02905.013