Get Started for the KYOCERA Kona Get Started 2 Important Safety Information 10 Manufacturers Warranty 19 End User License Agreement 21 2012 Kyocera Corporation. All rights reserved. All other trademarks are the property of their respective owners. KYOCERA is a registered trademark of Kyocera Corporation. This product contains NetFront Browser of ACCESS CO., LTD. ACCESS and NetFront are trademarks or registered trademarks of ACCESS CO., LTD. in Japan and other countries. This software is based in part on the work of the Independent JPEG Group. The Bluetooth word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Kyocera Corporation is under license. Other trademarks and trade names are those of their respective owners. Get Started Your KYOCERA Kona (page 2) Get Your Phone Ready (page 3) Your Phones Main Menu (page 4) Use Your Phone (page 5) Customer Support (page 9) Notes (page 9) This section introduces you to the basics of getting started with your KYOCERA Kona. Visit http://
www.mycricket.com/ for the complete User Guide and additional information. 2 Get Started Your KYOCERA Kona Earpiece Main Screen OK Key Camera Key Talk Key Speaker Key Microphone Volume Button Outer Screen Charger/
Accessory Jack Softkeys Navigation Key Back Key End/Power Key Keypad Camera Lens Speaker Headset Jack Internal Antennas Battery Cover Slot Get Your Phone Ready Find out what you need to do before you use your phone the first time. Install the Battery 1. Hook your fingernail into the slot at the bottom of the battery cover and lift the cover off gently. Charge the Battery 1. Plug the phone charger into an electrical outlet. 2. Plug the other end of the phone charger into the charger/accessory jack on the left side of your phone. 2. Insert the battery, contacts end first, and gently press into place. Turn the Phone On and Off To turn your phone on, press
. To turn your phone off, press and hold until the screen shuts off. 3. Replace the cover, making sure all tabs have seated and there are no gaps. Get Started 3 Your Phones Main Menu Press or MENU (left softkey) when the phone is in standby mode to access the main menu. Standby mode > Level 1 >
MENU Recent Calls Browser Contacts Settings Messages Games&Apps Navigator Media Gallery Calendar Bluetooth Tools Voice Services Level 2 Access your call history. Browse the web. Access your contacts list. Access these options: Display, Sounds, Text Entry, Phone Info, Lock Phone, Reset/Delete, and Others. Access these options: Voicemail, Send Message, and Messages. Download games and applications. Find directions using GPS. Access these options: Photos, Downloaded, and Preloaded. Access your calendar. Access these options: On/Off, Visibility, Add New, Trusted Devices, and My Bluetooth Info. Access these options: Alarm, Assigned Media, Calculator, Countdown, Stopwatch, and World Clock. Access these options: Voice Recognition and Voice Memo. 4 Get Started Navigate Through the Menus The navigation key on your phone lets you scroll through menus quickly and easily. Many menus feature a scroll bar on the right to help you keep track of your position in the menu. To navigate through a menu, press the navigation key up or down. Select Menu Items
. If the option is numbered, you can As you navigate through the menu, menu options are highlighted. Select any option by highlighting it and pressing select it by pressing the corresponding number on the phones keypad. Back Up Within a Menu Press Press to go to the previous menu. to return to standby mode. Use Your Phone Take advantage of your phones features from the basics (making calls) to the more advanced (using messages, taking pictures, and more). Voicemail Set Up Your Voicemail All unanswered calls are automatically transferred to your voicemail, even if your phone is in use or turned off. You should set up your voicemail and personal greeting as soon as your phone is activated:
1. From standby mode, press and hold 2. Follow the voice prompts to create your
. password and record your name and greeting. It is strongly recommended that you set a voicemail password. Without a password, anyone who has access to your phone can access your messages. Retrieve Your Voicemail From your wireless phone:
From standby mode, press and hold To use the phones menu, press
> Messages >
. Voicemail. From any other phone:
1. Dial your wireless phone number. 2. When your voicemail answers, press the asterisk key (*). 3. Enter your password. Get Started 5 Phone Calls Make a Phone Call Contacts View Contacts 1. Enter a phone number from standby mode. (If 1. From standby mode, press CONTACTS (right you make a mistake while dialing, press to erase the numbers.) 2. Press
. Answer an Incoming Call When your phone rings or vibrates, answer the call by pressing
. Reject an Incoming Call Press inbox. to send the call to your voicemail End a Phone Call Press
. softkey). 2. Use the navigation key to scroll through the list to view your contacts. Add a New Contact 1. From standby mode, press CONTACTS (right softkey) > Add New... > New Contact. 2. Enter a name for the new entry and press the navigation key down. 3. Enter the phone number and press 4. Highlight a number type for the entry (Mobile, Home, Work, Pager, Fax, or Other) and press
. 5. Press DONE (left softkey). Edit Contacts 1. From standby mode, press CONTACTS (right softkey). 2. Highlight the entry you want to edit and press OPTIONS (right softkey) > Edit Contact. 3. Highlight the information you want to edit and add or edit the information. 4. Press DONE (left softkey) when you're finished. 6 Get Started Delete a Contacts Entry 1. From standby mode, press CONTACTS (right softkey). 2. Highlight an entry you want to delete. 3. Press OPTIONS (right softkey) > Delete Contact. 4. Press DELETE (left softkey). Messages Send a Text Message (SMS)
> Messages > Send Message. 1. Press 2. Select Go to Contacts to select a contact.
-or-
Press MULTIPLE (left softkey) to select multiple recipients, and then press CONTINUE (left softkey).
-or-
Press NEW ADDRESS (right softkey) to enter a phone number or email address directly, and then press CONTINUE (left softkey). 3. Use your keypad to enter a message or press OPTIONS (right softkey) to select additional options. 4. Press SEND (left softkey). Send a Multimedia Message (MMS) 1. Follow steps 1-3 of "Send a Text Message
(SMS)."
2. Select <Add Attachment> and select Picture or Audio. If you select Picture, select Take New Picture; or select My Photos, select files to attach, and then press NEXT (left softkey). If you select Audio, select Record New Audio; or select Recorded Data and select files to attach, and then press NEXT (left softkey). 3. If you are satisfied with your message, press SEND (left softkey). Access Messages When you receive a message, your phone will display a notification message. Use your navigation key or select View to view the message. Reply Messages 1. While the message is displayed, press REPLY
(left softkey). 2. Compose a reply and press SEND (left softkey). Get Started 7 Camera Take a Picture 1. Press and hold to activate the phones camera. 2. Using your display as a viewfinder, aim the camera lens at your subject. 3. Press
,
, or CAPTURE (left softkey) until the shutter sounds. The picture will automatically be saved in the My Photos folder. To return to camera mode to take another picture, press CAMERA (left softkey) or
. 4. Press OPTIONS (right softkey) for more options. Send Message to send your picture in a message. Assign to assign the picture. Delete to delete the picture you just took. Review Media to go to the My Photos folder to review your saved pictures. Details/Edit to edit or display details relating to your pictures. Bluetooth Turn Bluetooth On and Off
> Bluetooth > On/Off. 1. Press 2. Press ON (left softkey) to enable Bluetooth. Press OFF (left softkey) to disable Bluetooth. Pair Bluetooth Devices 1. Press
> Bluetooth > Add New. 2. Select the device you want to pair with and press
. 3. 4. If prompted, enter the passkey or confirm the auto-generated passcode, and then press
.
(Optional) Edit the device name and press SAVE (left softkey). Note: Due to different specifications and features of other Bluetooth compatible devices, display and operations may be different, and functions such as transfer or exchange may not be possible. 8 Get Started Customer Support Our customer support is available from the following resources:
Use our Support page at http://
www.mycricket.com/support for answers to a range of questions. Send us a text message from http://
www.mycricket.com/send-text-message-online. Call Customer Service at 1-800-CRICKET, or *611 from your Cricket phone. Notes The services described in this guide may require a subscription to a service plan and/or may incur additional charges. Not all services will work on all phones. Please visit http://www.mycricket.com/
for more details. Instructions to perform tasks in this guide may change depending on the software version on your phone. Important Privacy Message. This phone is capable of determining its/your geographical location. To set controls for access and use of your location information by others, press
> Settings > Others > Location. You will then have the option to select On or Off. For some applications and services you select, a phone must be turned on and set to allow collection of location information in order to function. Get Started 9 Important Safety Information General Precautions (page 10) Maintaining Safe Use of and Access to Your Phone (page 11) Using Your Phone With a Hearing Aid Device
(page 13) Caring for the Battery (page 14) Radio Frequency (RF) Energy (page 16) Owners Record (page 18) This section contains important operational and safety information that will help you safely use your phone. Failure to read and follow the information provided in this section may result in serious bodily injury, death, or property damage. 10 Important Safety Information General Precautions There are several simple guidelines to operating your phone properly and maintaining safe, satisfactory service. To maximize performance, do not touch the portions of your phone where the internal antennas are located while using the phone. Speak directly into the mouthpiece. Avoid exposing your phone and accessories to rain or liquid spills. If your phone does get wet, immediately turn the power off and remove the battery. Do not expose your phone to direct sunlight for extended periods of time (such as on the dashboard of a car). Although your phone is quite sturdy, it is a complex piece of equipment and can be broken. Avoid dropping, hitting, bending, or sitting on it. Any changes or modifications to your phone not expressly approved in this document could void your warranty for this equipment and void your authority to operate this equipment. Note: For the best care of your phone, only Kyocera-authorized personnel should service your phone and accessories. Failure to do so may be dangerous and void your warranty. Maintaining Safe Use of and Access to Your Phone Do Not Rely on Your Phone for Emergency Calls Mobile phones operate using radio signals, which cannot guarantee connection in all conditions. Therefore you should never rely solely upon any mobile phone for essential communication (e.g., medical emergencies). Emergency calls may not be possible on all cellular networks or when certain network services or mobile phone features are in use. Check with your local service provider for details. Using Your Phone While Driving Talking on your phone while driving (or operating the phone without a hands-free device) is prohibited in some jurisdictions. Laws vary as to specific restrictions. Remember that safety always comes first. Following Safety Guidelines To operate your phone safely and efficiently, always follow any special regulations in a given area. Turn your phone off in areas where use is forbidden or when it may cause interference or danger. Using Your Phone Near Other Electronic Devices Most modern electronic equipment is shielded from radio frequency (RF) signals. However, RF signals from wireless phones may affect inadequately shielded electronic equipment. RF signals may affect improperly installed or inadequately shielded electronic operating systems or entertainment systems in motor vehicles. Check with the manufacturer or their representative to determine if these systems are adequately shielded from external RF signals. Also check with the manufacturer regarding any equipment that has been added to your vehicle. Consult the manufacturer of any personal medical devices, such as pacemakers and hearing aids, to determine if they are adequately shielded from external RF signals. Note: Always turn off the phone in healthcare facilities, and request permission before using the phone near medical equipment. Turning Off Your Phone Before Flying Turn off your phone before boarding any aircraft. To prevent possible interference with aircraft systems, the U.S. Federal Aviation Administration (FAA) regulations require you to have permission from a crew member to use your phone while the plane is on the ground. To prevent any risk of interference, FCC regulations prohibit using your phone while the plane is in the air. Important Safety Information 11 Turning Off Your Phone in Dangerous Areas Restricting Childrens Access to Your Phone Your phone is not a toy. Do not allow children to play with it as they could hurt themselves and others, damage the phone or make calls that increase your Cricket invoice. To avoid interfering with blasting operations, turn your phone off when in a blasting area or in other areas with signs indicating two-way radios should be turned off. Construction crews often use remote-
control RF devices to set off explosives. Turn your phone off when youre in any area that has a potentially explosive atmosphere. Although its rare, your phone and accessories could generate sparks. Sparks can cause an explosion or fire, resulting in bodily injury or even death. These areas are often, but not always, clearly marked. They include:
Fueling areas such as gas stations. Below deck on boats. Fuel or chemical transfer or storage facilities. Areas where the air contains chemicals or particles such as grain, dust, or metal powders. Any other area where you would normally be advised to turn off your vehicles engine. Note: Never transport or store flammable gas, flammable liquids, or explosives in the compartment of your vehicle that contains your phone or accessories. 12 Important Safety Information Using Your Phone With a Hearing Aid Device When some wireless phones are used with certain hearing devices (including hearing aids and cochlear implants), users may detect a noise which can interfere with the effectiveness of the hearing device. Some hearing devices are more immune than others to this interference noise, and phones also vary in the amount of interference noise they may generate. ANSI standard C63.19 was developed to provide a standardized means of measuring both wireless phone and hearing devices to determine usability rating categories for both. Ratings have been developed for mobile phones to assist hearing device users find phones that may be compatible with their hearing device. Not all phones have been rated for compatibility with hearing devices. Phones that have been rated have a label located on the box. Your Kona has an M4 and a T4 rating. These ratings are not guarantees. Results will vary depending on the users hearing device and individual type and degree of hearing loss. If a hearing device is particularly vulnerable to interference noise; even a phone with a higher rating may still cause unacceptable noise levels in the hearing device. Trying out the phone with your hearing device is the best way to evaluate it for your personal needs. M-Ratings: Phones rated M3 or M4 meet FCC requirements for hearing aid compatibility and are likely to generate less interference to hearing devices than unrated phones. (M4 is the better/higher of the two ratings.) T-Ratings: Phones rated T3 or T4 meet FCC requirements and are likely to be more usable with a hearing devices telecoil (T Switch or Telephone Switch) than unrated phones. (T4 is the better/
higher of the two ratings. Note that not all hearing devices have telecoils in them.) Note: This phone has been tested and rated for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult your service provider or the manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult your service provider or phone retailer. Hearing aid devices may also be measured for immunity to interference noise from wireless phones and should have ratings similar to phones. Ask your hearing healthcare professional for the rating of your hearing aid. Add the rating of your hearing aid and your phone to determine probable usability:
Important Safety Information 13 Any combined rating equal to or greater than six offers excellent use. Any combined rating equal to five is considered normal use. Any combined rating equal to four is considered usable. Thus, if you pair an M3 hearing aid with an M3 phone, you will have a combined rating of six for excellent use. This is synonymous for T ratings. More information about hearing aid compatibility may be found at: www.fcc.gov, www.fda.gov, and www.accesswireless.org. Getting the Best Hearing Device Experience With Your Phone To further minimize interference, move the phone around to find the point with least interference. 14 Important Safety Information Caring for the Battery Protecting Your Battery The guidelines listed below help you get the most out of your batterys performance. Recently there have been some public reports of wireless phone batteries overheating, catching fire, or exploding. It appears that many, if not all, of these reports involve counterfeit or inexpensive, aftermarket-brand batteries with unknown or questionable manufacturing standards. Use only manufacturer-approved batteries and accessories. Buying the right batteries and accessories is the best way to ensure theyre genuine and safe. Do not disassemble or open, crush, bend or deform, or puncture or shred the battery. Do not modify or remanufacture, attempt to insert foreign objects into the battery, immerse or expose to water or other liquids, expose to fire, explosion, or other hazard. Avoid dropping the phone or battery. If the phone or battery is dropped, especially on a hard surface, and the user suspects damage, take it to a service center for inspection. Improper battery use may result in a fire, explosion or other hazard. Do not short-circuit a battery or allow metallic conductive objects to contact battery terminals. Keep the metal contacts on top of the battery clean. Battery usage by children should be supervised. Disposal of Lithium Ion (Li-Ion) Batteries Promptly dispose of used batteries in accordance with local regulations. Never dispose of the battery by incineration. Do not handle a damaged or leaking Li-Ion battery as you can be burned. For safe disposal options of your Li-Ion batteries, contact your nearest authorized service center. Special Note: Be sure to dispose of your battery properly. In some areas, the disposal of batteries in household or business trash may be prohibited. Charging In order to avoid damage, charge the battery only in temperatures that range from 32 F to 113 F
(0 C to 45 C). Dont use the battery charger in direct sunlight or in high humidity areas, such as the bathroom. The battery may need recharging if it has not been used for a long period of time. Its best to replace the battery when it no longer provides acceptable performance. It can be recharged hundreds of times before it needs replacing. Storing Dont store the battery in high temperature areas for long periods of time. Its best to follow these storage rules:
Less than one month:
-4 F to 140 F (-20 C to 60 C) More than one month:
-4 F to 113 F (-20 C to 45 C) Important Safety Information 15 Radio Frequency (RF) Energy Understanding How Your Phone Operates Your phone is basically a radio transmitter and receiver. When its turned on, it receives and transmits radio frequency (RF) signals. When you use your phone, the system handling your call controls the power level. This power can range from 0.006 watt to 0.2 watt in digital mode. Knowing Radio Frequency Safety Body-Worn Operation To maintain compliance with FCC RF exposure guidelines, if you wear a handset on your body, use a Cricket-supplied or Cricket-approved carrying case, holster or other body-worn accessory. If you do not use a body-worn accessory, ensure the antennas are at least 0.591 inches (1.5 centimeters) from your body when transmitting. Use of non-Cricket-approved accessories may violate FCC RF exposure guidelines. Other accessories used with this phone for body-
worn operations must not contain any metallic components and must provide at least 0.591 inches (1.5 centimeters) separation distance between the antennas and the users body. The design of your phone complies with updated NCRP standards described below. For more information about RF exposure, visit the FCC website at www.fcc.gov. In 199192, the Institute of Electrical and Electronics Engineers (IEEE) and the American National Standards Institute (ANSI) joined in updating ANSIs 1982 standard for safety levels with respect to human exposure to RF signals. More than 120 scientists, engineers and physicians from universities, government health agencies and industries developed this updated standard after reviewing the available body of research. In 1993, the Federal Communications Commission (FCC) adopted this updated standard in a regulation. In August 1996, the FCC adopted hybrid standard consisting of the existing ANSI/IEEE standard and the guidelines published by the National Council of Radiation Protection and Measurements (NCRP). Specific Absorption Rates (SAR) for Wireless Phones The SAR value corresponds to the relative amount of RF energy absorbed into the head of a user of a wireless handset. The SAR value of a phone is the result of an extensive testing, measuring and calculation process. It does not represent how much RF the phone emits. All phone models are tested at their highest value in strict laboratory settings. But when in operation, the SAR of a phone can be substantially less than the level reported to the FCC. This is because of a variety of factors including its proximity 16 Important Safety Information to a base station antenna, phone design and other factors. What is important to remember is that each phone meets strict federal guidelines. Variations in SARs do not represent a variation in safety. All phones must meet the federal standard, which incorporates a substantial margin of safety. As stated above, variations in SAR values between different model phones do not mean variations in safety. SAR values at or below the federal standard of 1.6 W/kg are considered safe for use by the public. The highest reported SAR values of the Kona are:
Cellular CDMA mode (Part 22):
Head: 0.67 W/kg; Body-worn: 1.25 W/kg PCS mode (Part 24):
Head: 1.15 W/kg; Body-worn: 1.10 W/kg AWS mode (Part 27):
Head: 0.96 W/kg; Body-worn: 0.71 W/kg FCC Radio Frequency Emission This phone meets the FCC Radio Frequency Emission Guidelines. FCC ID number: V65S2150. More information on the phones SAR can be found from the following FCC website:
http://www.fcc.gov/oet/ea/. FCC Notice This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:
(1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. Changes or modifications not expressly approved by the party responsible for compliance could void the users authority to operate the equipment. Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
Important Safety Information 17 Reorient the direction of the internal antennas. Increase the separation between the equipment and receiver. Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. Consult the dealer or an experienced radio/TV technician for help. Owners Record The model number, regulatory number, and serial number are located on a nameplate inside the battery compartment. Record the serial number in the space provided below. This will be helpful if you need to contact us about your phone in the future. Model: Kona (S2150) Serial No.:
18 Important Safety Information Manufacturers Warranty Kyocera Communications Inc. (KYOCERA) offers you a limited warranty that the enclosed product or products (the Product) will be free from defects in material and workmanship for a period that expires one year from the date of sale of the Product to you, provided that you are the original end-user purchaser of the Product and provided that your purchase was made from an authorized supplier. Transfer or resale of a Product will automatically terminate warranty coverage with respect to that Product. This limited warranty is not transferable to any third party, including but not limited to any subsequent purchaser or owner of the Product. KYOCERA shall, at its sole and absolute discretion, either repair or replace a Product (which unit may use refurbished parts of similar quality and functionality) if found by KYOCERA to be defective in material or workmanship, or if KYOCERA determines that it is unable to repair or replace such Product, KYOCERA shall refund the purchase price for such Product, provided that the subject Product (i) is returned, with transportation prepaid, to a KYOCERA authorized service center within the one year warranty period, and (ii) is accompanied by a proof of purchase in the form of a bill of sale or receipted invoice which evidences that the subject Product is within the one year warranty period (Proof of Purchase). After the one year warranty period, you must pay all shipping, parts and labor charges. This limited warranty 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 KYOCERA 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 KYOCERA 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) Manufacturers Warranty 19 any Products which have been opened, repaired, modified or altered by anyone other than KYOCERA or a KYOCERA 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. KYOCERA is not responsible for damage to or loss of any software, applications, data or removable storage media. USE ONLY KYOCERA APPROVED ACCESSORIES WITH KYOCERA PHONES. USE OF ANY UNAUTHORIZED ACCESSORIES MAY BE DANGEROUS AND WILL INVALIDATE THE PHONE WARRANTY IF SAID ACCESSORIES CAUSE DAMAGE OR A DEFECT TO THE PHONE. KYOCERA SPECIFICALLY DISCLAIMS LIABILITY FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, GENERAL, PUNITIVE, EXEMPLARY, AGGRAVATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, WHETHER FORESEEABLE OR UNFORESEEABLE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, UNANTICIPATED BENEFITS OR REVENUE, ANTICIPATED PROFITS ARISING OUT OF USE OF OR INABILITY TO USE ANY PRODUCT (FOR EXAMPLE, WASTED AIRTIME CHARGES DUE TO THE MALFUNCTION OF A PRODUCT) OR CONTRIBUTION OR INDEMNITY IN RESPECT OF ANY CLAIM RELATED TO A PRODUCT. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR REFUND OF THE PURCHASE PRICE RELATING TO A DEFECTIVE PRODUCT, AS PROVIDED 20 Manufacturers Warranty UNDER THIS WARRANTY, ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE LIMITED WARRANTY, AND SUBJECT TO THIS WARRANTY, THE PRODUCTS ARE APPROVED AND ACCEPTED BY YOU AS IS. KYOCERA MAKES NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, ORAL OR VERBAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OR ANY IMPLIED WARRANTY OR CONDITION ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. NO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY. Some jurisdictions 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 also have other rights which vary from jurisdiction to jurisdiction. For warranty service information, please call the following telephone number from anywhere in the continental United States and Canada: 1-800-349-
4478 or 858-882-1401. End User License Agreement Kyocera Communications, Inc. (Kyocera) End User License Agreement CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (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 SOLELY 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, DOWNLOAD 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 may 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 End User License Agreement 21 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 22 End User License Agreement 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. KYOCERAS 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. Consent to Use of Data: You agree that Kyocera, its affiliates and its designated agents may collect and use technical and related information, gathered in any manner, as part of its product support services. Kyocera, its affiliates and designated agents may use this information solely to improve its products or to provide customized services or technologies to you. Kyocera will collect and use this information in accordance with its privacy policy and accordance with applicable data protection laws. Kyocera, its affiliates and designated agents may disclose this information to others, but not in a form that personally identifies you. Modification of Software and Terms of Use:
Kyocera reserves the right to from time to time modify any portion of the Software. Kyocera may be required to take these actions due to restrictions from third party licensors or due to safety or security concerns or government restrictions or court orders. 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. End User License Agreement 23