SOFTWARE LICENSE AGREEMENT Kyocera Communications, Inc. IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("License") CAREFULLY. KCI Software Development Kit - License and Restrictions on Use. Based upon and subject to your acceptance of the terms of this License, Kyocera Communications, Inc. ("KCI") and/or its Licensor(s) hereby grants you ("Licensee") a non-exclusive, limited license to use the KCI Software Development Kit for ECHO Handset Platform ("ECHO") software (the "Software"), and the related documentation to assist in the development and testing of Licensee's own applications. KCI and/or its Licensor(s) retains full rights and title to the Software and related documentation. If Licensee is a corporation or similar business or commercial entity, the terms and conditions of this License are intended to be binding on Licensee's employees. Licensee may not distribute, sublicense, resell, or otherwise transfer for any consideration (nor for free), or reproduce for any such purposes, either the Software or any modification or derivation thereof, either alone or in conjunction with any other product or program. Further, Licensee may not, nor permit anyone else to (i) decompile, reverse engineer, disassemble or analyze the physical construction of the Software, or any component thereof, for any purpose, (ii) alter, modify, translate, network, rent, lease, loan, distribute, or create derivative works based upon the Software in whole or in part, (iii) copy any Software, (iv) disclose the Software to any third party, or (v) use the Software except as specifically contemplated in this License. The entire right, title and interest in the Software shall remain with KCI and/or its Licensor(s). The Software contains copyrighted material, trade secrets and other proprietary material, and Licensee shall not remove any copyright notices or other legends from the Software or any accompanying documentation. This License is not a sale of the Software. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that the use of the Software and its documentation is Licensee's sole risk. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE ''AS IS'' AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, KCI AND KCI'S LICENSOR(S) EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED. KCI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, KCI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KCI OR A KCI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. KCI does not guaranty that the Software (or any similar product) will be available in the future. Limitation of Liability. IN NO EVENT SHALL KCI BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, INTERRUPTION OF BUSINESS, OR OTHER SUCH DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE, OR THE DELIVERY OR FAILURE TO DELIVER, THE SOFTWARE, EVEN IF KCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF WHETHER YOUR REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. FURTHER, THE ENTIRE LIABILITY OF KCI AND THE SOLE AND EXCLUSIVE REMEDY OF LICENSEE, FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SOFTWARE WHICH IS THE SUBJECT OF SUCH CLAIM OR CAUSE OF ACTION. Termination. This License is effective until terminated. Licensee may terminate this License at any time by destroying all copies of the Software and its documentation. KCI may terminate this license immediately upon notice to Licensee. This License will terminate immediately without notice from KCI if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of the Software and its documentation. Confidentiality. Licensee acknowledges that the Software, all technical documentation delivered to Licensee by KCI hereunder, and all other information relating to the design, development, configuration, use, operation and maintenance of the Software constitutes confidential or proprietary information of KCI (referred to as "Confidential Information"). Licensee shall not duplicate, use other than in accordance with this License, or disclose to any third person any Confidential Information. Assignment. Licensee shall not assign this License or any right or interest hereunder, nor delegate any obligation to be performed without KCI's prior written consent. Applicable Law. This License shall be governed by and construed in accordance with the laws of the United States and the State of California, excluding the U.N. Convention on International Sale of Goods, and without regard to conflict of laws principles. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in San Diego County, California, and the prevailing party in any legal proceeding shall be entitled to recover its reasonable attorneys' fees incurred in connection therewith. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. Export; Re-export. This Software and/or technology is controlled by the U.S. Government. Licensee shall comply with all applicable U.S. export control laws pertaining to the Software, accompanying documentation, and/or any associated "technology" furnished to Licensee by KCI. Licensee will not directly or indirectly export or re-export any Software, accompanying documentation, or "restricted technology" without obtaining prior written authorization from KCI and from the appropriate governmental body. Miscellaneous Provisions. No addition to or modification to this License shall be effective unless made in writing and signed by the respective representatives of KCI and Licensee. Any delay or failure to enforce at any time any provision of this License shall not constitute a waiver of the right thereafter to enforce each and every provision thereof. If any of the provisions of this License are determined to be invalid, illegal, or otherwise unenforceable, the remaining provisions shall remain in full force and effect. The rights and remedies expressly provided herein are not exclusive, but are cumulative and in addition to any other rights and remedies available at law or in equity. The rights and obligations which by their sense and context are intended to survive any termination or expiration of the License shall so survive. By using the Software, Licensee acknowledges that Licensee has read this License, understands it, and agrees to be bound by its terms and conditions. Copyright (c) 2011 Kyocera Communications, Inc. All rights reserved. Dual Screen APIs 8 KYOCERA Corporation 1 Android + Dual Screen APIs, API 8, revision 1 http://dl.kyocera-wireless.com/echobykyocera.com/ 59769438 1e8e30b6b28b277d39b3563f8f9586120f60059f http://dl.kyocera-wireless.com/echobykyocera.com/ECHO-SDK-v1-03.zip Dual Screen APIs 10 KYOCERA Corporation 1 Android + Dual Screen APIs, API 10, revision 1 http://dl.kyocera-wireless.com/echobykyocera.com/ 64476697 18694e27afb08c7d74dd473ac7349f711f9bb3d6 http://dl.kyocera-wireless.com/echobykyocera.com/ECHO-SDK-v2-00.zip