User's Manual

Note

5. Parties Who Can Enforce the Warranty.

This limited product warranty extends only to the individual or entity

listed as the initial customer on the initial wireless service account associated with the Device. This limited

product warranty is not assignable or transferable to any subsequent purchaser or user.

6. Warranty Disclaimer.

THE DEVICE IS BEING PROVIDED TO YOU WITH THE LIMITED PRODUCT WAR-

RANTY SPECIFIED ABOVE, AND SUCH LIMITED PRODUCT WARRANTY IS IN LIEU OF ALL OTHER

WARRANTIES BY DANGER, WHETHER EXPRESS OR IMPLIED. EXCEPT AS SO SPECIFIED IN THE

LIMITED PRODUCT WARRANTY, DANGER MAKES NO OTHER WARRANTIES WITH RESPECT TO THE

DEVICE AND DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE

EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. YOUR SOLE REMEDY

WITH RESPECT TO ANY BREACH OF THE LIMITED PRODUCT WARRANTY SHALL BE THE REPAIR OR

REPLACEMENT OF THE DEVICE AS SPECIFIED IN THE LIMITED PRODUCT WARRANTY. Some states

do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. The limited

product warranty gives you specific legal rights, and you may also have other legal rights which vary from state

to state.

Limitation of Liability.

IN NO EVENT SHALL DANGER BE LIABLE TO YOU OR ANY THIRD PARTY FOR

ANY DAMAGES, INCLUDING SPECIAL, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAM-

AGES, THAT MAY ARISE FROM YOUR USE OF OR INABILITY TO USE THE DEVICE, OR ANY LOSS OF

ANTICIPATED BENEFITS, LOSS OF INFORMATION OR DATA, OR LOSS OF PROFITS DUE TO ANY ER-

ROR, FAILURE OR DEFECT IN OR OF THE DEVICE. IN NO EVENT WILL DANGER BE LIABLE TO YOU IN

CONNECTION WITH THE DEVICE FOR ANY DAMAGES IN EXCESS OF TWO HUNDRED U.S. DOLLARS

(U.S. $200).

8. Danger Software and Services.

Your rights and obligations with respect to the software embedded in the

Device and the services provided by Danger to owners of the Device, including Danger’s limitations of liability

and warranty disclaimers with respect to such software and services, are set forth separately in the Danger Ser-

vice and End-User License Agreement, a copy of which is included on the Device and in this T-Mobile Sidekick

Reference Guide on page 44.

For additional terms and conditions, please see the T-Mobile Welcome Guide, included in the box.

Legal Information