Danger Sidekick LX Reference Manual page 85

and in its sole discretion. You may access this agreement at www.danger.com/agree-
ments. If the Agreement is changed, we will post the new terms to such Web page.
Any changes or modifications will be effective upon posting, and your continued
use of the Service or Software after the posting of such changes will constitute your
binding acceptance of the Agreement as revised.
1. Software
1.1 Definition. "Software" means any computer software, in executable code
form, owned by Danger (or software owned by third parties, which Danger
has the right to distribute or sublicense) and either pre-loaded on the Device
at the time of manufacture or otherwise furnished to you by Danger in its sole
discretion. "Software" includes the Danger® operating system and applica-
tions.
1.2 License Grant. Subject to the terms and conditions of this Agreement,
Danger hereby grants to you a nonexclusive, nontransferable, nonsublicen-
seable license to use, perform, and display the Software using the Device
upon which the Software was originally installed, and solely as necessary to
operate the Software in accordance with the applicable documentation.
1.3 Restrictions. You may not (a) reproduce, distribute, sublicense, use for
service-bureau purposes, sell, lease, or otherwise transfer the Software to any
third parties; (b) modify, alter, improve, "hack," or create derivative works of
the Software; or (c) reverse-engineer, decompile, disassemble, reverse-as-
semble, or otherwise attempt to derive the source code of the Software.
1.4 Third-Party Software. You understand and agree that in addition to the
Software, the Device may contain certain third-party software ("Third-Party
Software") the use of which may be subject to separate license agreements
containing additional terms and conditions. Any such license agreements
will be provided to you separately. You hereby agree to comply with all such
additional terms and conditions in your use of the Third-Party Software.
2. Ownership. The Software is licensed to you, not sold. Danger and its licen-
sors retain exclusive ownership of all proprietary rights, including all patent,
copyright, trade secret, trademark and other intellectual property rights
worldwide, in and to the Service and the Software (including any corrections,
bug fixes, enhancements, updates or other modifications thereto). There
are no implied licenses under this Agreement, and all rights not expressly
granted are hereby reserved.
3. Use of the Service
3.1 Wireless Service Provider. In addition to Danger's terms and conditions
set forth in this Agreement, you agree and acknowledge that your use of the
Service is subject to your wireless carrier's terms and conditions of service.
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