This Term Sheet is only a statement of the parties’ present intent with respect to the proposed agreement with regard to Kyocera’s smart phone “KC-S701” and it does not purport to address all material matters upon which agreement must be reached in order for the agreement to be consummated, nor is it intended by the parties to be a binding commitment or agreement or to impose any legal obligations on the parties. Neither this term sheet nor either party’s acceptance hereof shall constitute an obligation or commitment of either party to enter into any agreement or give either party any rights or claims against the other party in the event that either party terminates negotiations to effect the transaction.