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kind, whether express or implied, including the implied warranties of merchantability,
fitness for a particular purpose or use/third party application, interoperability with other
materials or applications of the purchaser and non-infringement of copyright. The
purchaser undertakes that TCT Mobile has complied with all quality obligations
incumbent upon it as a manufacturer of mobile devices and handsets in complying
with Intellectual Property rights. TCT Mobile will at no stage be responsible for the
inability or failure of the Third Party Materials to operate on this handset or in
interaction with any other devices of the purchaser. To the maximum extent permitted
by law, TCT Mobile 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 TCT Mobile, may be subject to paid updates and upgrades in the future;
TCT Mobile waives any responsibility regarding such additional costs, which shall be
borne exclusively by the purchaser. The availability of the applications may vary
depending on the countries and the operators where the handset is used; in no event
shall the list of possible applications and software provided with the handsets be
considered as an undertaking from TCT Mobile; it shall remain merely as information
for the purchaser. Therefore, TCT Mobile shall not be held responsible for the lack of
availability of one or more applications wished for by the purchaser, as its availability
depends on the country and the operator of the purchaser. TCT mobile reserves the
right at any time to add or remove Third Party Materials from its handsets without prior
notice; in no event shall TCT Mobile be held responsible by the purchaser for any
consequences that such removal may have on the purchaser regarding the use or
attempt to use such applications and Third Party Materials.
