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TERMS OF USE

PLEASE READ THESE TERMS BEFORE USING THIS KDACONNECT WEBSITE (“Site”). IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED AND MAY NOT USE THIS SITE.

User’s Password and Authorized User

This Site may only be used by current dealers and resellers that have been authorized by Kyocera Document Solutions America, Inc. (all are referred to herein as the “User”). The password for KDAConnect is to be chosen by the User’s principal. Simply mail or fax a letter to: Kyocera Document Solutions America, Inc. 225 Sand Road, P.O. Box 40008, Fairfield, New Jersey 07004, Attention: Computer Department, Facsimile number 973-882-4420. This letter must be on the User’s company letterhead and must tell us what 10-letter password chosen (combination of letters and numbers and digits is okay) and the name of the person who will be responsible for computer operations at your Dealership. After Kyocera Document Solutions receives this letter, the User principal will be contacted by the telephone and the password will be confirmed and become effective. If for any reason the User wants to change the password, simply follow this procedure or the instructions on the Site.

Only individuals from the User’s business who have been designated by the User principal are authorized to use the KDAConnect Site. In the event the User authorizes any person, such as an employee or bookkeeping service, to use its password and/or prepare or place orders or other items or entries, the User agrees that it will not be relieved of any responsibility arising hereunder or otherwise imposed by law, and to accept full responsibility for any errors or wrongdoing by such person or any of its employees or agents. User’s principal after having been assigned a password by Kyocera Document Solutions may change users on line.

General

Though Kyocera Document Solutions has taken care when posting information on this Site, Kyocera Document Solutions assumes no responsibility regarding the accuracy of the information, and the use of such information is at the User's own risk. By furnishing information, Kyocera Document Solutions does not grant any licenses to any copyrights, patents or any other intellectual property rights. If these Terms of Use are breached, the User’s authorization to use this Site shall automatically terminate and any downloaded or printed materials must be immediately destroyed.

Use of Site Content

Except as specifically authorized, the graphics, content, and materials (“Content”) on this Site may be viewed and downloaded only for personal, non-commercial use, provided that the User retains all copyright and other proprietary notices contained in the Content. The Content may not be changed in any way, reproduced, publicly displayed, distributed or otherwise used for any public or commercial purpose except to support the authorized activities of the User in the sale, lease and service of Kyocera Document Solutions products sold by User. Any use of the Content without Kyocera Document Solutions’s written approval, on any other website or networked computer environment for any purpose is prohibited. Kyocera Document Solutions owns or licenses all Content on this Site. The Content is copyrighted and/or trademarked, and any unauthorized use of the Content may violate copyright, trademark, and other laws.

Confidential Information

User acknowledges that Kyocera Document Solutions considers the business information which may be obtained from this Site, such as, promotions, price lists, buying histories, marketing plans, technical manuals, statistical data, etc. to be confidential information (“Confidential Information”). User agrees that, except as authorized by Kyocera Document Solutions, it will only use such information for User’s own business and will not disclose such Confidential Information to persons or companies outside of User’s business organization, or to any company or person that competes with Kyocera Document Solutions in any way.

Injunctive Relief

User acknowledges that disclosure of Confidential Information or breach of the provisions contained in this Agreement will give rise to irreparable injury to Kyocera Document Solutions, which is inadequately compensable in damages. User further acknowledges and agrees that the covenants contained herein are necessary for the protection of Kyocera Document Solutions’s legitimate business interests and are reasonable in scope and content. Therefore, Kyocera Document Solutions shall be entitled to injunctive relief from a court of competent jurisdiction to enforce its rights under these terms and/or to restrain the User from any behavior which breaches these Terms of Use.

Trademarks

Kyocera Document Solutions trademarks, logos, and service marks (collectively referred to as the "Trademarks") displayed on this Site, including, but not limited to “Kyocera,” “Document Solutions,” “The New Value Frontier,” “People Friendly,” and all elements of the composite Kyocera Document Solutions logo: , , or , are trademarks of Kyocera Document Solutions or its affiliated companies in the U.S. and/or other countries. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of Kyocera Document Solutions or third party that may own the applicable trademark.

Disclaimer

ALL SITE INFORMATION REGARDING KYOCERA DOCUMENT SOLUTIONS PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICES AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE INFORMATION ON THIS SITE DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY KYOCERA DOCUMENT SOLUTIONS WITH RESPECT TO ANY PRODUCT OR SERVICE, AND KYOCERA DOCUMENT SOLUTIONS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR THE COMPLETENESS OF THE INFORMATION. KYOCERA DOCUMENT SOLUTIONS’S OBLIGATIONS, IF ANY, WITH RESPECT TO ITS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE AGREEMENTS UNDER WHICH THEY ARE PROVIDED AND NOT THIS SITE.

Links to Other Websites

Links to other websites are provided solely as a convenience. Kyocera Document Solutions does not endorse such websites and is not responsible for their content. Use of any of the websites linked to this Site, is done solely at the User’s own risk.

Software

Any software that is available on this Site ("Software") is the copyrighted work of Kyocera Document Solutions and/or its suppliers/licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying the Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the terms and conditions of the license agreement that may accompany or is provided with the Software.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, KYOCERA DOCUMENT SOLUTIONS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Forward Looking Statements

This Site may at times contain forward-looking statements and information relating to Kyocera Document Solutions that are based on our beliefs as well as assumptions made by and information currently available to us. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “will,” and similar expressions, as they relate to Kyocera Document Solutions, are intended to identify forward-looking statements. These forward-looking statements involve known and unknown risks, uncertainties and other factors. Such risks, uncertainties and other factors include, but are not limited to: general economic conditions in Kyocera Document Solutions’s markets; exchange rates, and Kyocera Document Solutions’s ability to launch innovative products and otherwise meet the advancing technical requirements of its customers in highly competitive markets. Such risks, uncertainties and other factors may cause the actual results, performance, achievements or financial position to be materially different from any future results, performance, achievements or financial position expressed or implied by these forward-looking statements. Kyocera Document Solutions does not intend to update these forward-looking statements.

In addition, nothing on this Site is an offer or a solicitation of an offer to buy or sell securities. Please be aware that decisions regarding investments are the sole responsibility of the User.

Limitation of Liability

IN NO EVENT SHALL KYOCERA DOCUMENT SOLUTIONS, ITS AFFILIATES, SUPPLIERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIDOCUMENT SOLUTIONSTION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, OR INABILITY TO USE, THIS SITE OR LINKS TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, OR ON ANY OTHER LEGAL THEORY, WHETHER OR NOT KYOCERA DOCUMENT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.