User's Manual

SERVICE OR ACCESSED THROUGH YOUR USE OF THE DEVICE WILL BE ACCURATE, COMPLETE,
RELIABLE, OR ERROR-FREE, THAT THE SERVERS THAT MAKE THE SERVICE AVAILABLE OR ANY
MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT SUCH SERVERS WILL BE FREE FROM UNAUTHORIZED ACCESS
(INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS).
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRAN-
TIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
YOU AGREE THAT
NEITHER DANGER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SERVICE OR DEVICE SHALL BE LIABLE FOR ANY
DIRECT,
INCIDENTAL, SPECIAL,
CONSEQUENTIAL
, PUNITIVE,
INDIRECT OR OTHER DAMAGES WHATSOEVER
(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 OF, OR INABIL-
ITY TO USE THE SERVICE OR ANY OTHER SERVICES ACCESSED THROUGH THE DEVICE (INCLUD-
ING AS A RESULT OF AN OUTAGE OF ANY THIRD-PARTY SERVICE OR THE WIRELESS NETWORK
PROVIDED BY YOUR WIRELESS NETWORK OPERATOR), OR
WITH RESPECT TO THE INFORMATION,
SERVICES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH
THE SERVICE
. NEITHER DANGER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SERVICE OR DEVICE SHALL BE LIABLE WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
SUCH PARTIES KNOW OF THE POSSIBILITY OF SUCH DAMAGE
. THE ENTIRE RISK ARISING OUT OF
THE USE OR PERFORMANCE OF THE SERVICE AND THE DEVICE REMAINS WITH YOU. YOU AGREE
THAT THE AGGREGATE LIABILITY OF DANGER TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE
USE OF THE DEVICE OR SERVICE IS LIMITED TO $200.
16. Export Controls; Government Restricted Rights
You acknowledge and agree that none of the Software or underlying information or technology may be down-
loaded or otherwise exported or re-exported (i) into (or to a national or resident of) Angola, Cuba, Iran, Iraq, Lib-
ya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or anyone on the
U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of
Denial Orders. By using the Software, you represent and warrant that you are not residing in any such country.
The Software is a commercial product, developed at private expense, and provided with restricted rights. Use,
reproduction, release, modi cation or disclosure of the Software, or any part thereof, including technical data,
by the Government is restricted in accordance with Federal Acquisition Regulation (“FAR”) 12.212 for civilian
agencies and Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7202 for military agencies.
17. Severability
If for any reason a court of competent jurisdiction  nds 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.
18. Applicable Law and Jurisdiction
Danger makes no representation that materials on the Device or accessed through the Service are appropriate
or available for use in locations where the Device is not sold. If You access the Service from another location,
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Notices