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Danger
Service and End-User License Agreement
®
IMPORTANT: PLEASE CAREFULLY READ THIS SERVICE AND END-USER LICENSE AGREEMENT (THE
"AGREEMENT") BETWEEN YOU AND DANGER, INC. ("DANGER") BEFORE YOU USE YOUR WIRELESS
DEVICE (THE "DEVICE"). YOUR USE OF THE DEVICE OR THE SERVICE FOR THE DEVICE SHALL CONSTI-
TUTE YOUR BINDING ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY
NOT USE THE DEVICE OR THE SERVICE AND SHOULD PROMPTLY RETURN THE DEVICE TO THE PLACE
WHERE YOU PURCHASED IT.
Danger owns and operates a service that enables certain features on your Device, including email, Internet
access, instant messaging, address book, and calendar functions, and that also allows you to access such
features from a Web site operated by Danger (the "Service"). Your use of the Service and the Software (as
defined below) in the course of operating your Device is subject to the terms and conditions of this Agree-
ment. Danger reserves the right to change or modify any of the terms and conditions contained in this Agree-
ment or any policy referenced herein at any time and in its sole discretion. You may access this agreement at
www.danger.com/agreements. 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 Soft-
ware 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 applications.
1.2 License Grant. Subject to the terms and conditions of this Agreement, Danger hereby grants to
you a nonexclusive, nontransferable, nonsublicenseable 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 sepa-
rate 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 licensors retain exclusive owner-
ship of all proprietary rights, including all patent, copyright, trade secret, trademark and other intel-
lectual 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.
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