User's Manual

11. Government End Users.

The Software is a “commercial item” as that term is de ned at 48 C.F.R. 2.101, con-

sisting 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.

12. Applicable Law and Jurisdiction.

You agree that this Agreement and all matters relating to the Service and

the Software will be governed by the laws of the State of California, without giving effect to any principles

of con icts 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, communica-

tions or agreements. 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.

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