User's Manual

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without prior notice, and acknowledge and agree that, upon termination, Danger may immediately deactivate

or delete your account and all related information, emails,  les and other data in your account and/or bar any

further access to such  les or the Service. Further, you agree that Danger shall not be liable to you for any

termination of your access to the Service hereunder.

7. NO WARRANTIES.

THE SERVICE AND SOFTWARE ARE PROVIDED BY DANGER ON AN “AS IS” BASIS.

DANGER HEREBY DISCLAIMS 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, FIT-

NESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY

RIGHTS, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING FROM A

COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWL-

EDGE THAT DANGER DOES NOT WARRANT OR REPRESENT THAT THE SERVICE OR THE SOFTWARE

WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE OR THE SOFTWARE WILL BE TIMELY, SECURE,

UNINTERRUPTED, 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 MATERIALS 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 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 WARRAN-

TIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY.

IN NO EVENT SHALL DANGER 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

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 of cers, 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.

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 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 codi ed 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.

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