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NO WARRANTIES.
THE SERVICE AND SOFTWARE ARE PROVIDED BY DANGER ON AN "AS IS" BASIS. DANGER,
ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF
ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICE OR THE SOFTWARE
(INCLUDING ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS THAT YOU MAY ACCESS THROUGH
THE SERVICE), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCU-
RACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR US-
AGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DANGER, ITS SUPPLIERS
AND SERVICE PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE SERVICE OR THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, THAT THE SERVICE OR THE SOFTWARE WILL BE TIMELY, SECURE, UNINTER-
RUPTED, OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE SOFTWARE WILL BE CORRECTED, THAT
ANY CONTENT OR INFORMATION CONTAINED IN THE SERVICE OR ACCESSED THROUGH YOUR USE OF THE
DEVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, THAT THE SOFTWARE OR ANY MA-
TERIALS AVAILABLE FOR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE SERVICE WILL BE FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD
PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). FURTHER, AS THE WIRELESS CARRIER IS NOT CON-
TROLLED BY DANGER, NO WARRANTY IS MADE AS TO COVERAGE, AVAILABILITY OR GRADE OF SERVICE
PROVIDED BY THE WIRELESS CARRIER. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL DANGER, ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR
OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTER-
RUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) RESULTING FROM YOUR ACCESS
TO, OR USE OR INABILITY TO USE THE SERVICE OR SOFTWARE (INCLUDING AS A RESULT OF AN OUTAGE OF
THE SERVICE PROVIDED BY YOUR WIRELESS CARRIER OR ANY OTHER THIRD-PARTY SERVICE PROVIDER,
OR WITH RESPECT TO THE INFORMATION, SERVICES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR
OTHERWISE ACCESSED THROUGH THE SERVICE. IN NO EVENT WILL DANGER, ITS SUPPLIERS OR SERVICE
PROVIDERS BE LIABLE TO YOU IN CONNECTION WITH THE SERVICE OR THE SOFTWARE FOR ANY DAMAGES
IN EXCESS OF TWO HUNDRED U.S. DOLLARS (U.S. $200).
Indemnity.
You agree to defend, indemnify, and hold harmless Danger, its officers, directors, employees and
agents, from and against any claims, actions or demands, including without limitation reasonable attorneys' fees,
made by any third party due to or resulting from your violation of this Agreement.
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 regula-
tions 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.
Government End Users.
The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting
of "commercial computer software" and "commercial computer software documentation" as such terms are
used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S.
Government end users acquire the Software with only those rights set forth therein.
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