Owner`s manual
11. Government End Users. The Software is a “commercial item” as that term is dened at 48 C.F.R. 2.101,
consisting 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
conicts of laws that would require the application of the laws of a different state. You also consent to the ex-
clusive 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 ef-
fect. 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 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.
54 Legal Information