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SERVICE WILL BE FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS
OR DENIAL OF SERVICE ATTACKS). FURTHER, AS THE WIRELESS CARRIER IS NOT CONTROLLED
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.
8.
LIMITATION OF LIABILITY. IN NO EVENT SHALL DANGER, ITS SUPPLIERS OR SERVICE PROVID-
ERS 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 INTERRUPTION, 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 SUPPLI-
ERS 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, employ-
9.
ees and agents, from and against any claims, actions or demands, including without limitation reason-
able attorneys' fees, made by any third party due to or resulting from your violation of this Agreement.
10.
Export Controls. You agree and acknowledge that the Software may contain cryptographic functional-
ity 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 authori-
ties, 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.
2.101, consisting of "commercial computer software" and "commercial computer software documen-
tation" 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.
Applicable Law and Jurisdiction. You agree that this Agreement and all matters relating to the Service
12.
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 written 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 permis-
sible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full
force and effect.
Last updated March 1, 2006.
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