Danger Sidekick LX Reference Manual page 90

10. Export Controls. You agree and acknowledge that the Software may contain
cryptographic functionality the export of which is restricted under U.S. export
control law. You will comply with all applicable laws and regulations in your
activities under this Agreement, including without limitation all export laws
and regulations of the U.S. Department of Commerce and all other U.S.
agencies and authorities, including the Export Administration Regulations
promulgated by the Bureau of Industry and Security (as codified in 15 C.F.R.
Parts §§ 730-774). You expressly agree not to export or re-export the Software
in violation of such laws or regulations, or without all required licenses and
authorizations.
11. Government End Users. The Software is a "commercial item" as that term is
defined at 48 C.F.R. .101, consisting of "commercial computer software"
and "commercial computer software documentation" as such terms are used
in 48 C.F.R. 1.1. Consistent with 48 C.F.R. 1.1 and 48 C.F.R. 7.70-
1 through 7.70-4, all U.S. Government end users acquire the Software
with only those rights set forth therein.
12. Applicable Law and Jurisdiction. You agree that this Agreement and all
matters relating to the Service and the Software will be governed by the laws
of the State of California, without giving effect to any principles of conflicts
of laws that would require the application of the laws of a different state. You
also consent to the exclusive jurisdiction and venue of the Superior Court of
Santa Clara County for state claims and the Northern District of California
for federal claims in all disputes arising out of or relating to the Software
or the Service. The parties agree that the Uniform Computer Information
Transaction Act (or any statutory implementation of it) and the United Nations
Convention on the International Sale of Goods will not apply with respect to
this Agreement or the parties' relationship.
13. General Provisions. You are responsible for compliance with applicable local
laws. This Agreement is personal to you, and you may not transfer, assign or
delegate this Agreement to anyone without the express written permission
of Danger. Any attempt by you to assign, transfer or delegate this Agreement
without the express written permission of Danger shall be null and void. The
paragraph headings in this Agreement, shown in boldface type, are included
to help make the agreement easier to read and have no binding effect. The
waiver of any breach or default, or any delay in exercising any rights shall
not constitute a waiver of any subsequent breach or default. This Agreement
constitutes the complete and exclusive agreement between you and Danger
with respect to the subject matter hereof, and supersedes all prior oral or writ-
ten understandings, communications or agreements. If for any reason a court
of competent jurisdiction finds any provision of this Agreement, or portion
thereof, to be unenforceable, that provision of the Agreement will be enforced
to the maximum extent permissible so as to effect the intent of the parties,
and the remainder of this Agreement will continue in full force and effect.
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