Kyocera E4210 Dual-Band CDMA Cellular Phone with Bluetooth+EDR User Manual Sprint Important Information 5x3

Kyocera Corporation Dual-Band CDMA Cellular Phone with Bluetooth+EDR Sprint Important Information 5x3

UserManual.wiki >

Kyocera >

E4210 User Manual >

Users Guide 1 HTML Version

1. Users Guide 1
2. Users Guide 2

Users Guide 1

Important Information for the

DuraCore

Important Safety Information – page 2

Manufacturer’s Warranty – page 14

End User License Agreement – page 18

General Terms and Conditions of Service – page 23

Important Message From Sprint – page 55

E4210

2 Important Safety Information

♦General Precautions (page 2)

♦Maintaining Safe Use of and Access to Your

Phone (page 3)

♦Using Your Phone With a Hearing Aid Device

(page 5)

♦Caring for the Battery (page 8)

♦Radio Frequency (RF) Energy (page 10)

♦Owner’s Record (page 13)

This booklet contains important operational and safety

information that will help you safely use your phone.

Failure to read and follow the information provided in

this booklet may result in serious bodily injury, death, or

property damage.

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).

Important Safety Information

Important Safety Information 3

●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.

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.

Note: For the best care of your phone, only Sprint-

authorized personnel should service your

phone and accessories. Failure to do so may

be dangerous and void your warranty.

Tip: Purchase an optional hands-free accessory

at your local Sprint Store, or call Sprint at

1-866-866-7509. You can also dial # 2 2 2 on

your phone.

4 Important Safety Information

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.

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.

Note: Always turn off the phone in healthcare facilities,

and request permission before using the phone

near medical equipment.

Important Safety Information 5

Turning Off Your Phone in Dangerous Areas

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 you’re in any area that has a

potentially explosive atmosphere. Although it’s 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 vehicle’s engine.

Restricting Children’s 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

Sprint invoice.

Using Your Phone With a Hearing Aid

Device

A number of Sprint phones have been tested for

hearing aid device compatibility. When some wireless

phones are used with certain hearing devices

(including hearing aids and cochlear implants), users

Note: Never transport or store flammable gas,

flammable liquids, or explosives in the

compartment of your vehicle that contains your

phone or accessories.

6 Important Safety Information

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 DuraCore has an M4 and a T4 rating.

These ratings are not guarantees. Results will vary

depending on the user’s 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 device’s 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.)

Important Safety Information 7

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:

●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.

Sprint further suggests you experiment with multiple

phones (even those not labeled M3/T3 or M4/T4)

while in the store to find the one that works best with

your hearing aid device. Should you experience

interference or find the quality of service unsatisfactory

after purchasing your phone, promptly return it to the

store within 30 days of purchase. (A restocking fee may

be applied to exchanges. Visit www.sprint.com/returns

for details.) More information about hearing aid

compatibility may be found at: www.fcc.gov,

www.fda.gov, and www.accesswireless.org.

Note: New Technologies, Including Wi-Fi

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

newer wireless technologies (including Wi-Fi)

used in this phone that have not been tested for

use with hearing aids.

8 Important Safety Information

Getting the Best Hearing Device Experience

With Your Phone

To further minimize interference:

●Set the phone’s display and keypad backlight

settings to ensure the minimum time interval:

1. Press > Settings > Display > Backlight >

Backlight Dim or Backlight Off.

2. Highlight the minimum time interval setting and

press .

●Position the phone so the internal antennas are

farthest from your hearing aid.

●Move the phone around to find the point with least

interference.

Caring for the Battery

Protecting Your Battery

The guidelines listed below help you get the most out

of your battery’s 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. Sprint is not

aware of similar problems with Sprint phones

resulting from the proper use of batteries and

accessories approved by Sprint or the manufacturer

of your phone. Use only Sprint-approved or

manufacturer-approved batteries and accessories

found at Sprint Stores or through your phone’s

manufacturer, or call 1-866-866-7509 to order.

They’re also available at www.sprint.com/accessories.

Important Safety Information 9

Buying the right batteries and accessories is the

best way to ensure they’re 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.

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).

●Don’t 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.

●It’s best to replace the battery when it no longer

provides acceptable performance. It can be

recharged hundreds of times before it needs

replacing.

Storing

●Don’t store the battery in high temperature areas for

long periods of time. It’s best to follow these storage

rules:

▪Less than one month:

-4° F to 140° F (-20° C to 60° C)

10 Important Safety Information

▪More than one month:

-4° F to 113° F (-20° C to 45° C)

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 Sprint 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.

Radio Frequency (RF) Energy

Understanding How Your Phone Operates

Your phone is basically a radio transmitter and

receiver. When it’s 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

The design of your phone complies with updated

NCRP standards described below.

In 1991–92, the Institute of Electrical and Electronics

Engineers (IEEE) and the American National

Standards Institute (ANSI) joined in updating ANSI’s

1982 standard for safety levels with respect to human

exposure to RF signals. More than 120 scientists,

engineers and physicians from universities,

Important Safety Information 11

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).

Body-Worn Operation

To maintain compliance with FCC RF exposure

guidelines, if you wear a handset on your body, use a

Sprint-supplied or Sprint-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 inch (1.5 centimeters) from your body

when transmitting. Use of non-Sprint-approved

accessories may violate FCC RF exposure guidelines.

Other accessories used with this device for body-worn

operations must not contain any metallic components

and must provide at least 0.591 inch (1.5

centimeters) separation distance between the

antennas and the user’s body.

For more information about RF exposure, visit the FCC

website at www.fcc.gov.

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

12 Important Safety Information

including its proximity 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 DuraCore are:

Cellular CDMA mode (Part 22):

Head: 0.44 W/kg; Body-worn: 0.75 W/kg

PCS mode (Part 24):

Head: 0.72 W/kg; Body-worn: 0.89 W/kg

BC10 CDMA mode (Part 90):

Head: 0.46 W/kg; Body-worn: 0.71 W/kg

FCC Radio Frequency Emission

This phone meets the FCC Radio Frequency Emission

Guidelines.

FCC ID number: V65E4210.

More information on the phone’s 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

user’s authority to operate the equipment.

Important Safety Information 13

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:

●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.

Owner’s 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

Model: DuraCore

Serial No.:

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.

14 Manufacturer’s Warranty

Your phone has been designed to provide you with

reliable, worry-free service. If for any reason you have a

problem with your equipment, please refer to the

manufacturer’s warranty in this section.

For information regarding the terms and conditions of

service for your phone, please visit www.sprint.com or

call Sprint Customer Service at 1-888-211-4727.

Manufacturer’s Warranty

Kyocera Communications, Inc. (“KCI”) offers you, the

original purchaser who has purchased the enclosed

subscriber unit (“Product”) only from an authorized

dealer in the United States, a limited warranty that the

Manufacturer’s Warranty

Note: In addition to the warranty provided by your

phone’s manufacturer, which is detailed on

the following pages, Sprint offers a number

of optional plans to cover your equipment

for non-warranty claims. Sprint Total

Equipment Protection provides the

combined coverage of the Sprint

Equipment Replacement Program and the

Sprint Equipment Service and Repair

Program, both of which are available

separately. Each of these programs may be

signed up for within 30 days of activating

your phone. For more details, please visit

your nearest Sprint Store or call Sprint at

1-800-584-3666.

Manufacturer’s Warranty 15

Product, including accessories in the Product’s

package, will be free from defects in material or

workmanship as follows:

A. ONE (1) YEAR LIMITED WARRANTY: For a period of

one (1) year from the date of original purchase, KCI

will, at its option, either repair or replace a defective

Product (with new or rebuilt parts/replacements).

B. LIMITED WARRANTY ON REPAIRED/REPLACED

PRODUCTS: For a period equal to the remainder of

the limited warranty period on the original Product or,

on warranty repairs which have been effected on

Products for 90 days after the date of its repair or

replacement, whichever is longer, KCI will repair or

replace (with new or rebuilt parts/replacements)

defective parts or Products used in the repair or

replacement of the original Product under the Limited

Warranty on it.

Proof that the Product is within the warranty period in

the form of a bill of sale or warranty repair document

that includes the date of purchase, Product serial

number and the authorized dealer’s name and

address, must be presented to obtain warranty service.

This limited warranty is not transferable to any third

party, including but not limited to any subsequent

purchaser or owner of the Product. Transfer or resale

of a Product will automatically terminate warranty

coverage with respect to it.

This limited warranty covers batteries only if battery

capacity falls below 80% of rated capacity or the

battery leaks. Also this limited warranty does not cover

any battery if (i) the battery has been charged by a

battery charger not specified or approved by KCI for

charging the battery, (ii) any of the seals on the battery

are broken or show evidence of tampering, or (iii) the

battery has been used in equipment other than the

Kyocera device for which it is specified.

This limited warranty covers the Product only as

originally supplied and does not cover and is void with

16 Manufacturer’s Warranty

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

KCI 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 KCI 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) any Products

which have been opened, repaired, modified or

altered by anyone other than KCI or a KCI 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. KCI is not responsible for damage to or

loss of any software, applications, data or removable

storage media.

Manufacturer’s Warranty 17

This warranty is valid only in the United States.

REPAIR OR REPLACEMENT, AS HEREIN ABOVE

PROVIDED, IS YOUR SOLE AND EXCLUSIVE REMEDY

FOR BREACH OF THE LIMITED WARRANTY. KCI

SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL OR

CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT

LIMITED TO LOSS OF PROFITS, LOST SALES, LOSS

OF DATA, LOSS OF USE OF THE PRODUCT, OR

ANTICIPATED PROFITS ARISING OUT OF USE OR

INABILITY TO USE ANY PRODUCT (FOR EXAMPLE,

WASTED AIRTIME CHARGES DUE TO THE

MALFUNCTION OF A PRODUCT OR LOST

APPLICATIONS). THIS WARRANTY DOES NOT

COVER PRODUCTS SOLD “AS IS” OR “WITH ALL

FAULTS.” KCI MAKES NO OTHER EXPRESS

WARRANTY WITH RESPECT TO THE PRODUCTS.

THE DURATION OF IMPLIED WARRANTIES,

INCLUDING IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE IS LIMITED TO THE

DURATION OF THIS EXPRESS WARRANTY.

Some States 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 have other rights which vary from State

to State.

To obtain warranty service, contact

Kyocera Communications, Inc.

Attention : Customer Services for Wireless Products

Phone : 1-800-349-4478

Web : http://www.kyocera-wireless.com

18 End User License Agreement v.9-9-11

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

End User License

Agreement

v.9-9-11 End User License Agreement 19

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 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

20 End User License Agreement v.9-9-11

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

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 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

v.9-9-11 End User License Agreement 21

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. KYOCERA’S 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.

22 End User License Agreement v.9-9-11

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.

v.9-9-11 General Terms and Conditions of Service 23

Please note that these terms may not be the most

current version. A current version of the terms is

available at our website at

www.sprint.com/termsandconditions or upon request.

Basic Definitions

In this document: (1) “we,” “us,” “our,” and “Sprint”

mean Sprint Solutions, Inc., as contracting agent on

behalf of the applicable Sprint affiliated entities

providing the products and Services; (2) “you,” “your,”

“customer,” and “user” mean an account holder or

user with us; (3) “Device” means any phone, aircard,

mobile broadband device, any other device,

accessory, or other product that we provide you, we

sell to you, or is active on your account with us; and (4)

“Service” means Sprint-branded or Nextel-branded

offers, rate plans, options, wireless services, billing

services, applications, programs, products, or Devices

on your account with us. “Service(s)” also includes any

other product or service that we offer or provide to you

that references these General Terms and Conditions of

Service (“Ts&Cs”).

The Service Agreement

These Ts&Cs are part of your service agreement with

us (the “Agreement”) and constitute a contract under

which we provide you Services under terms and

conditions that you accept. THIS CONTRACT

CONTAINS A MANDATORY ARBITRATION PROVISION

Note: Para solicitar esta literatura en español, por

favor contactar a 1-800-777-4681 o visitar a

www.sprint.com/espanol.

General Terms and

Conditions of Service

24 General Terms and Conditions of Service v.9-9-11

THAT DISALLOWS CLASS ACTIONS, A CLASS

ACTION WAIVER PROVISION, AND A JURY WAIVER

PROVISION. In addition to these Ts&Cs, there are

several parts of the Agreement, which includes but is

not limited to the following: (i) the subscriber

agreement or transaction materials that you sign or

accept; (ii) the plan(s) that you chose as set forth in our

written services and transaction materials that we

provide or refer you to during the sales transaction (if

your service plan is not specifically set forth in any

printed materials, the requirements and terms set forth

in the current written services and transaction materials

apply, excluding the monthly charge and number of

minutes included in your service plan); (iii) any

confirmation materials and invoices that we may

provide to you; and (iv) the terms set forth in the

coverage map brochures. It is important that you

carefully read all of the terms of the Agreement.

Additional Terms

Additional terms will apply when you use certain

applications, programs, Devices, and services, and

these terms will be provided to you prior to your use of

the items. Depending on who provides the items, the

terms may come from Sprint or a third party. You are

subject to any terms provided by the third party, and

the terms are directly between you and that third party.

Sprint is not responsible for these third-party items and

associated terms. Additional terms will also apply if you

activate Services as part of a bundle with another

company’s services (for example, cable services,

home phone services, etc.). The additional terms for

bundled Services may either modify or replace certain

provisions in these Ts&Cs, including terms relating to

activation, invoicing, payment, and disputing charges.

Also, a different dispute resolution provision may apply

to services provided by another company (the dispute

resolution provisions in this Agreement still apply to our

v.9-9-11 General Terms and Conditions of Service 25

Services). You will be provided details on any

additional terms with your selection of any bundled

Service. For employee and organization discounts, the

discount percentage may vary from month-to-month

based on the terms of the agreement between your

employer, association, or other organization and Sprint.

The discount will be zero after your agreement or your

organization’s agreement with Sprint ends. Additional

terms and eligibility requirements regarding

organization discounts will be provided to you.

Our Policies

Services are subject to our business policies, practices,

and procedures (“Policies”). You agree to adhere to all

of our Policies when you use our Services. Our

Policies are subject to change at anytime with or

without notice.

When You Accept The Agreement

You must have the legal capacity to accept the

Agreement. You accept the Agreement when you do

any of the following: (a) accept the Agreement through

any printed, oral, or electronic statement, including on

the Web by electronically marking that you have

reviewed and accepted; (b) attempt to or in any way

use the Services; (c) pay for the Services; or (d) open

any package or start any program that says you are

accepting the Agreement when doing so. If you don’t

want to accept the Agreement, don’t do any of these

things.

Term Commitments & Early Termination

Fees

Many of the Services (for example, Device discounts)

that we offer require you to maintain certain Services

with us for a minimum term, usually 1 or 2 years

(“Term Commitment”). You will be charged a fee

26 General Terms and Conditions of Service v.9-9-11

(“Early Termination Fee”) for each line of Service that

you terminate early (i.e., prior to satisfying the Term

Commitment) or for each line of Service that we

terminate early for good reason (for example, violating

the payment or other terms of the Agreement) but such

Early Termination Fee may be prorated based on your

remaining Term Commitment. Early Termination Fees

are a part of our rates. Your exact Term Commitment

and Early Termination Fee may vary based on the

Services you select and will be disclosed to you during

the sales transaction. Carefully review any Term

Commitment and Early Termination Fee requirements

prior to selecting Services. After you have satisfied

your Term Commitment, your Services continue on a

month-to-month basis without any Early Termination

Fee, unless you agree to extend your Term

Commitment or agree to a new Term Commitment.

Services offered on a subscription basis, as described

in the “Account & Service Charges” section, may not

require a Term Commitment and may not

automatically renew. As explained directly below, there

are instances when you will not be responsible for an

Early Termination Fee for terminating Services early.

When You Don’t Have To Pay An Early

Termination Fee

You aren’t responsible for paying an Early Termination

Fee when terminating Services: (a) provided on a

month-to-month basis; (b) provided on a subscription

basis that do not include a Term Commitment; (c)

consistent with our published trial period return policy;

or (d) in response to a materially adverse change that

we make to the Agreement as described directly

below.

Our Right To Change The Agreement &

Your Related Rights

We may change any part of the Agreement at any time,

including, but not limited to, rates, charges, how we

v.9-9-11 General Terms and Conditions of Service 27

calculate charges, discounts, coverage, technologies

used to provide services, or your terms of Service. We

will provide you notice of material changes-and we

may provide you notice of non-material changes-in a

manner consistent with this Agreement (see “Providing

Notice To Each Other Under The Agreement” section).

If a change we make to the Agreement is material and

has a material adverse effect on Services under your

Term Commitment, you may terminate each line of

Service materially affected without incurring an Early

Termination Fee only if you: (a) call us within 30 days

after the effective date of the change; and (b)

specifically advise us that you wish to cancel Services

because of a material change to the Agreement that

we have made. If you do not cancel Service within 30

days of the change, an Early Termination Fee will apply

if you terminate Services before the end of any

applicable Term Commitment.

Our Right To Suspend Or Terminate

Services

We can, without notice, suspend or terminate any

Service at any time for any reason. For example, we

can suspend or terminate any Service for the

following: (a) late payment; (b) exceeding an Account

Spending Limit; (c) harassing/threatening/abusing/

offending our employees or agents; (d) providing false

or inaccurate information; (e) interfering with our

operations; (f) using/suspicion of using Services in any

manner restricted by or inconsistent with the

Agreement and Policies; (g) breaching, failing to follow,

or abusing the Agreement or Policies; (h) providing

false, inaccurate, dated, or unverifiable identification or

credit information or becoming insolvent or bankrupt;

(i) modifying a Device from its manufacturer

specifications (for example, rooting the device); (j)

failing to use our Services for an extended period of

time; (k) failing to maintain an active Device in

28 General Terms and Conditions of Service v.9-9-11

connection with our Services; or (l) if we believe the

action protects our interests, any customer’s interests,

or our networks.

Your Right To Change Services & When

Changes Are Effective

The account holder can typically change Services

upon request. In some instances, changes may be

conditioned on payment of an Early Termination Fee

or certain other charges, or they may require a new

Term Commitment. Changes to Services are usually

effective at the start of the next full invoicing cycle. If the

changes take place sooner, your invoice may reflect

prorated charges for your old and new Services. We

may, but are not obligated to, provide you the

opportunity to authorize someone else to make

changes to your Services, which will include the

authority to make changes that will extend your Term

Commitment. You are responsible for any changes to

your Services made by a person you authorize, and

those changes will be treated as modifications to this

Agreement.

Your Right To Terminate Services

You can terminate Services at any time by calling us

and requesting that we deactivate all Services. In

addition, if you return or provide your Device to Sprint

and fail to either deactivate service on the Device or

activate another Device in connection with your

Service, we reserve the right to terminate your Service,

and if you are subject to a Term Commitment, you

may be charged all or part of an Early Termination Fee.

You are responsible for all charges billed or incurred

prior to deactivation. If Services are terminated before

the end of your invoicing cycle, we won’t prorate

charges to the date of termination and you won’t

receive a credit or refund for any unused Services.

Except as provided above, if you are subject to an

v.9-9-11 General Terms and Conditions of Service 29

Early Termination Fee, you must also pay the invoiced

Early Termination Fee for each line of Service that you

terminate early.

Credit Checks & Credit Information

We agree to provide you Services on the condition that

you have and maintain satisfactory credit according to

our standards and policies. You agree to provide

information that we may request or complete any

applications that we may provide you to facilitate our

review. We rely on the credit information you furnish,

credit bureau reports or other data available from

commercial credit reference services, and other

information (such as payment history with us) to

determine whether to provide or continue to provide

you Services. The Services we offer you can vary

based on your credit history. We may at any time,

based on your credit history, withdraw or change

Services or place limits or conditions on the use of our

Services. You agree to provide us updated credit

information upon request. We may provide your

payment history and other account billing/charge

information to any credit reporting agency or industry

clearinghouse.

Account Spending Limits (“ASL”)

An ASL is a temporary or permanent limit (typically

based on credit history, payment history, or to prevent

fraud) that we place on the amount of unpaid charges

you can accumulate on your account, regardless of

when payment on those charges is due. We reserve

the right to determine which charges count toward an

ASL. If you have an ASL, we may suspend your

Services without prior notice if your account balance

reaches the ASL, even if your account is not past due.

We may impose or increase an ASL at any time with

notice. An ASL is for our benefit only and should not

be relied on by you to manage usage.

30 General Terms and Conditions of Service v.9-9-11

Deposits & Returning Deposits

We may at any time require a deposit as a guarantee

of payment for you to establish or maintain Service

(“Deposit”). By providing us a Deposit, you grant us a

security interest for all current or future amounts owed

to us. We may change the Deposit at any time with

notice. You can’t use a Deposit to make or delay

payments. The Deposit, the length of time we hold

the Deposit, and changes to the Deposit are

determined based on your credit history, payment

history, and other factors. Unless prohibited by law, we

may mix Deposits with our other funds and it won’t

earn interest, and we reserve the right to return the

Deposit as a credit on your invoice at anytime. If your

Services are terminated for any reason, we may keep

and apply your Deposit to any outstanding charges.

We’ll send any remaining portion of the Deposit to your

last known address within 90 days after your final

invoice—if it is returned to us, we will forward it on to the

appropriate state authorities to the extent required by

law.

Restrictions On Using Services

You can’t use our Services: (a) in a way that could

cause damage or adversely affect any of our other

customers or our reputation, networks, property, or

Services; or (b) in any way prohibited by the terms of

our Services, the Agreement, or our Policies. You

cannot in any manner resell the Services to another

party. For additional restrictions on the use of our

Services, see our Acceptable Use Policy and Visitors

Agreement, which are available on our website, and

the detailed plan or other information on Services that

we provide or refer you to during the sales transaction.

v.9-9-11 General Terms and Conditions of Service 31

Your Device, Number & E-mail Address;

Caller ID

We don’t manufacture any Device that we might sell to

you or that is associated with our Services, and we

aren’t responsible for any defects, acts, or omissions of

the manufacturer. The only warranties on your Device

are the limited warranties given to you by the

manufacturer directly or that we pass through. Device

performance may vary based on device specifications

(for example, a device’s software, memory, and

storage), and device performance may impact access

to all of our Services. Your Device is designed to be

activated on our networks and in other coverage areas

that we may make available to you. As programmed, it

will not accept wireless service from another carrier.

Except for any legal right you may have to port/transfer

your phone number to another carrier, you have no

—and cannot gain any (for example, through

publication, use, etc.)—proprietary, ownership, or other

rights to any phone number, identification number, e-

mail address, or other identifier that we assign to you,

your Device, or your account. We’ll notify you if we

decide to change or reassign them. Your CDMA Sprint

PCS phone has a software programming lock that

protects certain of the handset’s operating parameters

against unauthorized reprogramming. If you wish to

obtain the software program lock code for your CDMA

Sprint PCS phone, please visit Sprint.com or call 1-888-

211-4727 for information and eligibility requirements.

Porting/Transferring Phone Numbers

We don’t guarantee that number transfers to or from us

will be successful. If you authorize another carrier to

transfer a number away from us, then that is

considered a request by you to us to terminate all of

the Services associated with that number. You ’re

responsible for all charges billed or incurred prior to

deactivation and for any applicable Early Termination

Fees.

32 General Terms and Conditions of Service v.9-9-11

Coverage; Where Your Device Will Work;

Service Speeds

Our coverage maps are available at our authorized

retail locations and on our website. The specific

network coverage you get will depend on the radio

transmissions your Device can pick up and Services

you’ve chosen. Our coverage maps provide high level

estimates of our coverage areas when using Services

outdoors under optimal conditions. Coverage isn’t

available everywhere. Coverage and Service speeds

are not guaranteed. Coverage is subject to change

without notice. Service speeds may depend on the

Service purchased. Actual speeds will vary. Estimating

wireless coverage, signal strength, and Service speed

is not an exact science. There are gaps in coverage

within our estimated coverage areas that—along with

other factors both within and beyond our control (for

example, network problems, network or Internet

congestion, software, signal strength, your Device,

structures, buildings, weather, geography, topography,

server speeds of the websites you access, actions of

third parties, etc.)—may result in dropped and blocked

connections, slower Service speeds, or otherwise

impact the quality of Service. Services that rely on

location information, such as E911 and GPS

navigation, depend on your Device’s ability to acquire

satellite signals (typically not available indoors) and

network coverage. While your Device is receiving a

software update, you may be unable to use your

Device in any manner until the software update is

complete.

Roaming

The term “roaming” typically refers to coverage on

another carrier’s network that we may make available

to you based on our agreements with other carriers.

These agreements may change from time to time, and

roaming coverage is subject to change without notice.

v.9-9-11 General Terms and Conditions of Service 33

Your ability to receive roaming coverage depends on

the radio transmissions your Device can pick up and

the availability of roaming coverage. We make no

guaranty that roaming coverage will be available.

Roaming coverage may exist both within and outside

our network coverage areas. Your Device will generally

indicate when you’re roaming. Depending on your

Services, separate charges or limits on the amount of

minutes used while roaming may apply. Certain

Services may not be available or work the same when

roaming (for example, data Services, voicemail, call

waiting, etc.).

About Data Services & Content

Our data Services and your Device may allow you to

access the Internet, text, pictures, video, games,

graphics, music, email, applications, sound, and other

materials (“Data Content”) or send Data Content

elsewhere. Some Data Content is available from us or

our vendors, while other Data Content can be

accessed from others (for example, third-party

websites, games, ringers, applications, etc.). We make

absolutely no guarantees about the Data Content that

you access on your Device. Data Content may be: (1)

unsuitable for children/minors; (2) unreliable or

inaccurate; or (3) offensive, indecent, or objectionable.

You’re solely responsible for evaluating the Data

Content accessed by you or anyone through your

Services. We strongly recommend that you monitor

data usage by children/minors. Data Content from

third parties may also harm your Device or its software.

We are not responsible for any Data Content. We are

not responsible for any damage caused by any Data

Content that you access through your Services, that

you load on your Device, or that you request that our

representatives access or load on your Device. To

protect our networks and Services or for other reasons,

we may place restrictions on accessing certain Data

Content (such as certain websites, applications, etc.);

34 General Terms and Conditions of Service v.9-9-11

impose separate charges; limit throughput or the

amount of data that you can transfer; or otherwise limit

or terminate Services. If we provide you storage for

Data Content that you have purchased, then we may

delete the Data Content without notice or place

restrictions/limits on the use of storage areas. Data

Content stored on a Device, transmitted over our

networks, or stored by Sprint may be deleted,

modified, or damaged. You may not be able to make

or receive voice calls while using data Services. Data

Content provided by our vendors or third parties is

subject to cancellation or termination at any time

without notice to you, and you may not receive a

refund for any unused portion of the Data Content.

Specific Terms & Restrictions On Using

Data Services

In addition to the rules for using all of our other

Services, unless we identify the Service or Device that

you have selected as specifically intended for that

purpose (for example, wireless routers, Data Link, etc.),

you can’t use our data Services: (1) with server devices

or host computer applications or other systems that

drive continuous, heavy traffic or data sessions; (2) as

a substitute or backup for private lines or frame relay

connections; or (3) for any other unintended use as we

determine in our sole discretion. We reserve the right

to limit, suspend, or constrain any heavy, continuous

data usage that adversely impacts our network’s

performance or hinders access to our networks. If your

Services include Web or data access, you also can’t

use your Device as a modem for computers or other

equipment, unless we identify the Service or Device

you have selected as specifically intended for that

purpose (for example, with “phone as modem” plans,

Sprint Mobile Broadband card plans, wireless router

plans, etc.).

v.9-9-11 General Terms and Conditions of Service 35

Software License

If Sprint provides you software as part of the Service

and there are not software license terms provided with

the software (by Sprint or by a third party), then Sprint

grants you a limited, revocable, non-exclusive, non-

transferable license to use the software to access the

Services for your own individual use. You will not sell,

resell, transfer, copy, translate, publish, create derivative

works of, make any commercial use of, modify, reverse

engineer, decompile, or disassemble the software.

Sprint may revoke this license at any time.

Activation & Miscellaneous Charges

Based on our Policies, we may charge activation,

prepayment, reactivation, program, or other fees to

establish or maintain Services. Certain transactions

may also be subject to a charge (for example,

convenience payment, changing phone numbers,

handset upgrades, etc.). You will be provided notice of

these types of fees before we complete the requested

transaction.

Account & Service Charges

You are responsible for all charges associated with

your account and the Services on your account, no

matter who adds or uses the Services. Charges

include, but are not limited to, the monthly recurring

charges, usage charges, charges for additional

services, taxes, surcharges, and fees associated with

your Services. These charges are described or

referred to during the sales transaction, in our

marketing materials, and in confirmation materials that

we may send to you. Depending on your Services,

charges for additional services may include operator

and directory assistance, voicemail, call forwarding,

data calls, texts, and Web access. If you (the account

holder) allow end users to access or use your Devices,

you authorize end users to access, download, and use

36 General Terms and Conditions of Service v.9-9-11

Services. You may have the opportunity to purchase

Services on a subscription basis where we assess

subscription charges that allow you access to the

Services and/or provide you a certain amount of use

of the Services for a defined period of time. Depending

on your Service, certain types of subscription charges

may be assessed automatically upon activation and

automatically assessed for subsequent subscription

periods. Subscription Services offered on a recurring

basis do not end until terminated by you or us.

Subscription charges for recurring Services occur at

the beginning of each bill cycle. Information regarding

your bill cycle for subscription Services will be

provided when you order the Services. For Services

offered on a per-day basis, you will generally be

charged for use before or at the time of use. In certain

instances, we may charge you at some point after you

use the Services. Unless otherwise disclosed, Services

offered on a per-day basis end 24 hours after Service

is initiated.

How We Calculate Your Charges For Billing

Purposes

Regular Voice Calls: We round up partial minutes of

use to the next full minute. Time starts when you press

“Talk” or your Device connects to the network and

stops when you press “End” or the network

connection otherwise breaks. You’re charged for all

calls that connect, even to answering machines,

voicemail, or voice transcription services. You won’t be

charged for unanswered calls or if you get a busy

signal. For incoming calls answered, you’re charged

from the time shortly before the Device starts ringing

until you press “End” or the network connection

otherwise breaks. If charges vary depending on the

time of day that you place or receive calls (for example,

Nights and Weekend plans), you’re charged for the

entire call based on the rate that applies to the time

period in which the call starts.

v.9-9-11 General Terms and Conditions of Service 37

Walkie-Talkie Charges: Charges for walkie-talkie calls

are billed to the person who starts the call and

calculated by multiplying the duration of the call by the

applicable rate and number of participants. You’re

charged at least 6 seconds of airtime for each call you

start; subsequent communications in the same call are

rounded up to and billed to the next second. Time

begins when you press any button to start a walkie-

talkie call and ends approximately 6 seconds after

completion of a communication to which no

participant responds. Subsequent walkie-talkie

communications are considered new calls.

Depending on your plan, nationwide, international, or

group walkie-talkie calls may use the local walkie-talkie

minutes in your plan and result in additional charges.

Responses to call alert transmissions are treated as

new walkie-talkie transmissions even when

responding within 6 seconds of receiving the alert.

Walkie-talkie billing methods are subject to change as

we introduce new walkie-talkie Services.

Data Usage: Unless we specifically tell you otherwise,

data usage is measured in bytes, kilobytes,

megabytes, and gigabytes—not in minutes/time. 1024

bytes equals 1 kilobyte (“KB”), 1024 KB equals 1

megabyte, and 1024 megabytes equals 1 gigabyte.

Bytes are rounded up to kilobytes, so you will be

charged at least 1 KB for each data usage session

(“data session”). Rounding occurs at the end of each

data session, and sometimes during a data session.

Depending on your data Services, usage may be

charged against an allowance or on a fixed price per

KB, and you may be subject to limitations on the

amount of data usage. If you are charged on a fixed

price per KB, any fractional cents will be rounded up to

the next cent. You are charged for all data directed to

your Device’s Internet address, including data sessions

you did not initiate and for incomplete transfers. As

long as your Device is connected to our data

networks, you may incur data charges. Examples of

data for which you will be charged includes the size of

38 General Terms and Conditions of Service v.9-9-11

a requested file or Data Content (game, ringer, etc.);

Web page graphics (logos, pictures, banners,

advertisement, etc.); additional data used in accessing,

transporting, and routing the file on our network; data

from partial or interrupted downloads; re-sent data;

and data associated with unsuccessful attempts to

reach websites or use applications. These data

charges are in addition to any charges for the Data

Content itself (game, ringer, etc.). Data used and

charged to you will vary widely, even between identical

actions or data sessions. Estimates of data usage—for

example, the size of downloadable files—are not

reliable predictors of actual usage. Your bill won’t

separately list the number of KB attributed to a specific

action/data session.

Your Bill

Your bill provides you notice of your charges. It reflects

monthly recurring charges (usually billed one bill cycle

in advance), fees, taxes, Surcharges, product and

equipment charges, subscription charges, and usage/

transaction specific charges (usually billed in the bill

cycle in which they’re incurred). Some usage charges,

such as those that depend on usage information from

a third party, may be billed in subsequent bill cycles

and result in higher than expected charges for that

month. Bill cycles and dates may change from time to

time. Your bill may also include other important notices

(for example, changes to your Agreement, to your

Service, legal notices, etc.). Your paper bill may not

include itemized billing detail. More specific billing

information is available online. Paper bills with itemized

detail may be subject to an additional charge. Unless

prohibited by law, other charges (for example, data

Services or taxes and surcharges) will not include

itemized detail but will be listed as total charges for a

category. If you choose Internet billing, you will not

receive paper bills.

v.9-9-11 General Terms and Conditions of Service 39

Your Payments; Late Fees

Payment is due in full as stated on your bill. If we do

not receive payment in full by the date specified on

your bill, a late payment charge, which may be

charged at the highest rate permissible by law, may be

applied to the total unpaid balance. We may also

charge you any costs we pay to a collection agency to

collect unpaid balances from you. If we bill you for

amounts on behalf of a third party, payments received

are first applied to our charges. You may be charged

additional fees for certain methods of payment. We

may charge you, up to the highest amount permitted

by law, for returned checks or other payments paid by

you and denied for any reason by a financial institution.

Acceptance of payments (even if marked “paid in full”)

does not waive our right to collect all amounts that you

owe us. We may restrict your payment methods to

cashier’s check, money order, or other similar secure

form of payment at any time for good reason.

Taxes & Government Fees

You agree to pay all federal, state, and local taxes, fees,

and other assessments that we’re required by law to

collect and remit to the government on the Services

that we provide to you. These charges may change

from time to time without advance notice. If you’re

claiming any tax exemption, you must provide us with

a valid exemption certificate. Tax exemptions generally

won’t be applied retroactively.

Surcharges

You agree to pay all surcharges (“Surcharges”), which

may include, but are not limited to: Federal Universal

Service; various regulatory charges; Sprint

administrative charges; gross receipts charges and

certain other taxes imposed upon Sprint; or charges

for the costs that we incur and pass along to you.

Surcharges are not taxes, and we are not required to

assess them by law. They are charges we choose to

40 General Terms and Conditions of Service v.9-9-11

collect from you, are part of our rates, and are kept by

us in whole or in part. The number and type of

Surcharges will be provided on your invoice and may

vary depending upon the location of the billing

address of the Device and can change over time. We

determine the rate for these charges, and these

amounts are subject to change as are the components

used to calculate these amounts. We will provide you

notice of any changes to Surcharges in a manner

consistent with this Agreement (see “Providing Notice

To Each Other Under The Agreement” section).

However, since some Surcharges are based on

amounts set by the government or based on

government formulas, it will not always be possible to

provide advance notice of new Surcharges or

changes in the amount of existing Surcharges.

Information on Surcharges is provided during the

sales transaction and is available on our website.

Disputing Charges - You Must Still Pay

Undisputed Charges

Any dispute to a charge on your bill must be made

within 60 days of the date of the bill that initially

contained the charge. Disputes can only be made by

calling or writing us as directed on your invoice or

elsewhere. You accept all charges not properly

disputed within the above time period—undisputed

charges must still be paid as stated on your bill.

Protecting Our Network & Services

We can take any action to: (1) protect our networks, our

rights and interests, or the rights of others; or (2)

optimize or improve the overall use of our networks

and Services. Some of these actions may interrupt or

prevent legitimate communications and usage—for

example, message filtering/blocking software to

prevent SPAM or viruses; limiting throughput; limiting

access to certain websites, applications, or other Data

v.9-9-11 General Terms and Conditions of Service 41

Content; prohibitions on unintended uses (for

example, use as a dedicated line, or use as a

monitoring service), etc. For additional information on

what we do to protect our customers, networks,

Services, and equipment, see our Acceptable Use

Policy and Visitors Agreement at our website.

Your Privacy

Our Privacy Policy is available on our website. To

review the policy, visit www.sprint.com/legal/privacy.html.

This policy may change from time to time, so review it

with regularity and care.

Call Monitoring: To ensure the quality of our Services

and for other lawful purposes, we may monitor or

record calls between us (for example, your

conversations with our customer service or sales

departments).

Authentication and Contact: You (the account holder)

may password protect your account information by

establishing a personal identification number (“PIN”).

You may also set a backup security question and

answer in the event you forget your PIN. You agree to

protect your PIN, passwords, and other account

access credentials like your backup security question

from loss or disclosure. You further agree that Sprint

may, in our sole discretion, treat any person who

presents your credentials that we deem sufficient for

account access as you or an authorized user on the

account for disclosure of information or changes in

Service. You agree that we may contact you for

Service-related reasons through the contact

information that you provide, through the Services or

Devices to which you subscribe, or through other

available means, including text message, email, fax,

recorded message, mobile, residential or business

phone, or mail.

CPNI: As we provide telecommunications products

and Services to you (the account holder), we develop

42 General Terms and Conditions of Service v.9-9-11

information about the quantity, technical configuration,

type, location, and destination of telecommunications

products and Services you use, as well as some other

information found on your bill (“CPNI”). Under federal

law, you have the right and we have a duty to protect

the confidentiality of your CPNI. For example, we

implement safeguards that are designed to protect

your CPNI, including authentication procedures when

you contact us. For some accounts with a dedicated

Sprint representative, we may rely on contacting your

pre-established point of contact as the standard

authentication measure.

Third-Party Applications: If you use a third-party

application, the application may access, collect, use, or

disclose your personal information or require Sprint to

disclose your information—including location

information (when applicable)—to the application

provider or some other third party. If you access, use,

or authorize third-party applications through the

Services, you agree and authorize Sprint to provide

information related to your use of the Services or the

application(s). You understand that your use of third-

party applications is subject to the third party’s terms

and conditions and policies, including its privacy

policy.

Information on Devices: Your Device may contain

sensitive or personal information (for example, pictures,

videos, passwords, or stored credit card numbers).

Sprint is not responsible for any information on your

Device, including sensitive or personal information. If

possible, you should remove or otherwise safeguard

any sensitive or personal information when your

Device is out of your possession or control, for

example when you relinquish, exchange, return, or

recycle your Device. By submitting your Device to us,

you agree that our employees, contractors, or vendors

may access all of the information on your Device.

v.9-9-11 General Terms and Conditions of Service 43

Location-Enabled Services

Our networks generally know the location of your

Device when it is outdoors and/or turned on. By using

various technologies to locate your Device, we can

provide enhanced emergency 911 services and

optional location-enabled services provided by us or a

third party. Network coverage or environmental factors

(such as structures, buildings, weather, geography,

landscape, and topography) can significantly impact

the ability to access your Device’s location information

and use of location-enabled services.

You agree that any authorized user may access, use,

or authorize Sprint or third-party location-enabled

applications through the Services. You understand that

your use of such location-enabled applications is

subject to the application’s terms and conditions and

policies, including its privacy policy. If you activate

location-enabled services for devices used by other

authorized users, you agree to inform the authorized

user(s) of the terms of use for location-enabled

applications and that the Device may be located. For

additional information on location-enabled services,

see our Privacy Policy at our website.

911 Or Other Emergency Calls

Public safety officials advise that when making 911 or

other emergency calls, you should always be

prepared to provide your location information. Unlike

traditional wireline phones, depending on a number of

factors (for example, whether your Device is GPS-

enabled, where you are, whether local emergency

service providers have upgraded their equipment,

etc.), 911 operators may not know your phone number,

your location, or the location of your Device. In certain

circumstances, an emergency call may be routed to a

state patrol dispatcher or alternative location set by

local emergency service providers. Enhanced 911

service (“E911”)—where enabled by local emergency

44 General Terms and Conditions of Service v.9-9-11

authorities—uses GPS technology to provide location

information. Even when available, however, E911 does

not always provide accurate location information. If

your Device is indoors or for some other reason

cannot acquire a satellite signal, you may not be

located. Some Devices have a safety feature that

prevents use of the keypad after dialing 911—you

should follow voice prompts when interacting with

emergency service providers employing interactive

voice response systems to screen calls.

If Your Device Is Lost or Stolen

Call us immediately if your Device is lost or stolen

because you may be responsible for usage charges

before you notify us of the alleged loss or theft. A lost or

stolen Device does not reduce or remove your Term

Commitment. You will remain liable for any monthly

recurring charges associated with the Service on your

Device after you notify us of the alleged loss or theft.

You agree to cooperate if we choose to investigate the

matter (provide facts, sworn statements, etc.). We may

not waive any Early Termination Fees if you choose to

terminate Services as a result of loss or theft of your

Device.

Disclaimer of Warranties

UNLESS EXPRESSLY PROVIDED IN WRITING

OTHERWISE, WE MAKE NO REPRESENTATIONS OR

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING

(TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED

WARRANTY OF MERCHANTABILITY, NON-

INFRINGEMENT, OR FITNESS FOR A PARTICULAR

PURPOSE CONCERNING YOUR SERVICES

(INCLUDING YOUR DEVICE). WE DON’T PROMISE

UNINTERRUPTED OR ERROR-FREE SERVICES AND

DON’T AUTHORIZE ANYONE TO MAKE

WARRANTIES ON OUR BEHALF.

v.9-9-11 General Terms and Conditions of Service 45

You Agree That We Are Not Responsible

For Certain Problems

You agree that neither we nor our subsidiaries,

affiliates, parent companies, vendors, suppliers, or

licensors are responsible for any damages resulting

from: (a) anything done or not done by someone else;

(b) providing or failing to provide Services, including,

but not limited to, deficiencies or problems with a

Device or network coverage (for example, dropped,

blocked, interrupted Services, etc.); (c) traffic or other

accidents, or any health-related claims relating to our

Services; (d) Data Content or information accessed

while using our Services; (e) an interruption or failure in

accessing or attempting to access emergency

services from a Device, including through 911,

Enhanced 911 or otherwise; (f) interrupted, failed, or

inaccurate location information services; (g)

information or communication that is blocked by a

spam filter; (h) damage to your Device or any

computer or equipment connected to your Device, or

damage to or loss of any information stored on your

Device, computer, equipment, or Sprint storage space

from your use of the Services or from viruses, worms,

or downloads of malicious content, materials, data, text,

images, video, or audio; or (i) things beyond our

control, including acts of God (for example, weather-

related phenomena, fire, earthquake, hurricane, etc.),

riot, strike, war, terrorism, or government orders or acts.

You should implement appropriate safeguards to

secure your Device, computer, or equipment and to

back up your information stored on each.

46 General Terms and Conditions of Service v.9-9-11

You Agree Our Liability Is Limited - No

Consequential Damages.

TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY

FOR MONETARY DAMAGES FOR ANY CLAIMS THAT

YOU MAY HAVE AGAINST US IS LIMITED TO NO

MORE THAN THE PROPORTIONATE AMOUNT OF

THE SERVICE CHARGES ATTRIBUTABLE TO THE

AFFECTED PERIOD. UNDER NO CIRCUMSTANCES

ARE WE LIABLE FOR ANY INCIDENTAL,

CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL

DAMAGES OF ANY NATURE WHATSOEVER ARISING

OUT OF OR RELATED TO PROVIDING OR FAILING

TO PROVIDE SERVICES IN CONNECTION WITH A

DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST

PROFITS, LOSS OF BUSINESS, OR COST OF

REPLACEMENT PRODUCTS AND SERVICES.

DISPUTE RESOLUTION

We Each Agree To First Contact Each Other With

Any Disputes

We each agree to first contact each other with any

Disputes (defined below) and provide a written

description of the problem, relevant documents and

supporting information, and the proposed

resolution. We agree to contact each other as

described in the “Providing Notice to Each Other

Under The Agreement” section.

Instead Of Suing In Court, We Each Agree To

Arbitrate Disputes

We each agree to arbitrate all Disputes between us,

on an individual basis, not on a class-wide or

consolidated basis. This agreement to arbitrate is

intended to be broadly interpreted. In arbitration,

there’s no judge or jury. However, just as a court

would, the arbitrator must honor the terms and

limitations in the Agreement and can award

v.9-9-11 General Terms and Conditions of Service 47

damages and relief, including any attorneys’ fees

authorized by law. The arbitrator’s decision and

award is final and binding, with some exceptions

under the Federal Arbitration Act (“FAA”), and

judgment on the award may be entered in any court

with jurisdiction.

We each also agree as follows:

(1) “Disputes” are any claims or controversies

against each other related in any way to or arising

out of in any way our Services or the Agreement,

including, but not limited to, coverage, Devices,

billing services and practices, policies, contract

practices (including enforceability), service claims,

privacy, or advertising, even if it arises after Services

have terminated. Disputes include claims that you

bring against our employees, agents, affiliates, or

other representatives or that we bring against you. It

also includes but is not limited to claims related in

any way to or arising out of in any way any aspect of

the relationship between us, whether based in

contract, tort, statute, fraud, misrepresentation, or any

other legal theory.

(2) If either of us wants to initiate a claim to arbitrate

a Dispute, we each agree to send written notice to

the other providing a description of the dispute, a

description of previous efforts to resolve the dispute,

all relevant documents and supporting information,

and the proposed resolution. Notice to you will be

sent as described in the “Providing Notice to Each

Other Under The Agreement” section and notice to

us will be sent to: General Counsel; Arbitration

Office; 12502 Sunrise Valley Drive, Mailstop

VARESA0202-2C682; Reston, Virginia 20191. We

each agree to make attempts to resolve the dispute

prior to filing a claim for arbitration. If we cannot

resolve the dispute within forty-five (45) days of

receipt of the notice to arbitrate, then we each may

submit the dispute to formal arbitration.

48 General Terms and Conditions of Service v.9-9-11

(3) The FAA applies to this Agreement and

arbitration provision. We each agree that the FAA’s

provisions—not state law—govern all questions of

whether a dispute is subject to arbitration.

(4) Unless we each agree otherwise, the Arbitration

will be conducted by a single, neutral arbitrator and

will take place in the county of the last billing

address of the Service.

(5) The arbitration will be governed and conducted

by (a) a neutral third-party arbitrator selected by

each of us and based upon rules mutually agreed

to by each of us or (b) JAMS. The JAMS rules,

including rules about the selection of an arbitrator,

filing, administration, discovery, and arbitrator fees,

will be conducted under JAMS Comprehensive

Arbitration Rules & Procedures. The JAMS rules are

available on its website at www.jamsadr.com. To the

extent that this “Dispute Resolution” section conflicts

with JAMS’s minimum standards for procedural

fairness, the JAMS’s rules or minimum standards for

arbitration procedures in that regard will apply.

However, nothing in this paragraph will require or

allow us or you to arbitrate on a class-wide or

consolidated basis.

(6) WE EACH AGREE THAT WE WILL ONLY

PURSUE ARBITRATION ON AN INDIVIDUAL BASIS

AND WILL NOT PURSUE ARBITRATION ON A

CLASS-WIDE OR CONSOLIDATED BASIS. We each

agree that any arbitration will be solely between you

and Sprint (not brought on behalf of or together with

another individual’s claim). If for any reason any

court or arbitrator holds that this restriction is

unconscionable or unenforceable, then our

agreement to arbitrate doesn’t apply and the

dispute must be brought in court.

(7) We each are responsible for our respective costs

relating to counsel, experts, and witnesses, as well

as any other costs relating to arbitration. However,

v.9-9-11 General Terms and Conditions of Service 49

we will pay for the arbitration administrative or filing

fees, including the arbitrator fees. Otherwise the

JAMS Comprehensive Arbitration Rules &

Procedures and the JAMS Policy on Consumer

Arbitrations Pursuant to Pre-Dispute Clauses,

Minimum Standards of Procedural Fairness

regarding costs and payment apply.

Exceptions To Our Agreement To

Arbitrate Disputes

Either of us may bring qualifying claims in small

claims court. In addition, this arbitration provision

does not prevent you from bringing your dispute to

the attention of any federal, state, or local

government agency that can, if the law allows, seek

relief against us on your behalf.

No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE

ANY RIGHT TO PURSUE DISPUTES ON A

CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A

CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR

ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE

CAPACITY ON BEHALF OF ANYONE ELSE IN ANY

LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH

WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY

LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Indemnification

You agree to indemnify, defend, and hold Sprint and

our subsidiaries, affiliates, parent companies harmless

from any claims arising out of or relating to your

actions, including, but not limited to, your use of the

50 General Terms and Conditions of Service v.9-9-11

Service and any information you submit, post, transmit,

or make available via the Service; failing to provide

appropriate notices regarding location-enabled

services (see “Location-Enabled Services” section);

failure to safeguard your passwords, backup question

to your shared secret question, or other account

information; or violating this Agreement or any policy

referenced in this Agreement, any applicable law or

regulation, or the rights of any third party.

Providing Notice To Each Other Under The

Agreement

Except as the Agreement specifically provides

otherwise, you must provide us notice by calling or

writing us as instructed on your invoice. We will provide

you notice through one or more of the following: in

your bill, correspondence to your last known billing

address, to any fax number or e-mail address you’ve

provided us, by calling you on your Device or any

other phone number you’ve provided us, by voice

message on your Device or any other phone number

you’ve provided us, or by text message on your

Device.

Other Important Terms

Subject to federal law or unless the Agreement

specifically provides otherwise, this Agreement is

governed solely by the laws of the state encompassing

the billing address of the Device, without regard to the

conflicts of law rules of that state. If either of us waives

or doesn’t enforce a requirement under this

Agreement in an instance, we don’t waive our right to

later enforce that requirement. Except as the

Agreement specifically provides otherwise, if any part

of the Agreement is held invalid or unenforceable, the

rest of this Agreement remains in full force and effect.

This Agreement isn’t for the benefit of any third party

except our corporate parents, affiliates, subsidiaries,

v.9-9-11 General Terms and Conditions of Service 51

agents, and predecessors and successors in interest.

You can’t assign the Agreement or any of your rights

or duties under it. We can assign the Agreement

without notice. You cannot in any manner resell the

Services to another party. The Agreement and the

documents it incorporates make up the entire

agreement between us and replaces all prior written or

spoken agreements-you can’t rely on any

contradictory documents or statements by sales or

service representatives. The rights, obligations and

commitments in the Agreement that-by their nature-

would logically continue beyond the termination of

Services (for example, those relating to billing,

payment, 911, dispute resolution, no class action, no

jury trial) survive termination of Services.

[End General Terms and Conditions of Service]

[This page intentionally left blank.]

Important Message 55

Important Information about this device’s “open”

architecture. This device is an “open” device.

What that means is that you are free to use it to

access the Internet as you see fit. You may go to

websites you like and you may download or use

applications or software that you choose.

Please take care to visit only trusted websites and

download applications only from trusted entities.

Sprint has no control over websites you visit or

applications and software you download, and

Sprint’s policies do not apply to those websites,

applications or software. The websites you visit

may place “cookies” or other files on your device

when you visit them. Downloaded applications or

software may access, use or share information

on your device, like your contacts or your

location.

Although Sprint is excited to allow our customers to

make their own choices about the Internet sites you

wish to visit or the applications or software you’d like

to use, we do want to remind you that Sprint is not

able to help you troubleshoot issues connected with

your use of non-Sprint applications or software

(such as the ones you may select and download to

your device). Sprint also will not be able to provide

you credits for applications or software that you

download from sources other than Sprint. And,

Sprint is not liable for the websites you visit or

anything you download or cause to be downloaded

to your device. Damage related to websites visited

or downloads to your device may not be covered by

Sprint’s Service and Repair policy, or your device

insurance policy. For more information about

Sprint’s policies, products or services, please visit us

at www.sprint.com.

Important Message From Sprint

KYOCERA is a registered trademark of Kyocera Corporation.

Other marks are the property of their respective owners. 5KKZ001932XX- Printed in Malaysia

Kyocera E4210 Dual-Band CDMA Cellular Phone with Bluetooth+EDR User Manual Sprint Important Information 5x3

Kyocera Corporation Dual-Band CDMA Cellular Phone with Bluetooth+EDR Sprint Important Information 5x3

Contents

Users Guide 1

Navigation menu

Namespaces

Views

Navigation