2. Ownership. The Software is licensed to you, not sold. Danger and its licensors retain exclusive ownership of
all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights
worldwide, in and to the Service and the Software (including any corrections, bug fixes, enhancements, updates
or other modifications thereto). There are no implied licenses under this Agreement, and all rights not expressly
granted are hereby reserved.
3. Use of the Service
3.1 Wireless Service Provider.
In addition to Danger’s terms and conditions set forth in this Agreement, you
agree and acknowledge that your use of the Service is subject to your wireless carrier’s terms and conditions of
service.
3.2 Privacy Policy. Danger believes strongly in protecting user privacy and providing you notice of Danger’s
collection and use of data, including personally identifying information. To learn about Danger’s information
collection and use practices and policies, please refer to the Danger Service Privacy Notice
(http://www.danger.com/service_privacy.php).
3.3 Your Account. All information that you provide in connection with your registration for the Service must be
accurate. You will receive a password and username upon completing your registration. You are responsible
for maintaining the confidentiality of the password and account information, and are fully responsible for all
activities that occur under your password or account. You agree to immediately notify your wireless network
operator of any unauthorized use of your password or account or any other breach of security.
3.4 Prohibited Activities. You agree not to use the Service to: (a) directly or indirectly violate any applicable
laws, rules, or regulations issued or promulgated by any competent government authority, including without
limitation any intellectual property laws, privacy laws, computer fraud or abuse statutes, or export control laws;
(b) upload, post, email or transmit any content that you do not have the right to post or transmit under any law,
contractual duty or fiduciary relationship; (c) upload, post, email or transmit any content that infringes a third
party’s trademark, patent, trade secret, copyright, publicity, privacy, or other proprietary right; (d) upload, post,
email or transmit any materials that are unlawful, untrue (including incomplete, false or inaccurate biographical
information), harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, pornographic, indecent,
hateful, abusive, or harmful (including but not limited to viruses, corrupted files, or any other similar software or
programs); (e) violate, attack, or attempt to violate or attack the security, integrity, or availability of any network,
service, or other computer system; (f) send mass unsolicited or unauthorized electronic messages or “spam”,
including without limitation, promotions or advertisements for products or services; (g) send altered, deceptive
or false source-identifying information (including forged TCP/IP headers); or (h) use the Service in a manner
that otherwise violates Danger’s then-current Acceptable Use Policy, the latest version of which is available
at www.danger.com/agreements. Violations of any of the above will be investigated by Danger and, where
appropriate, Danger may either institute legal action, or cooperate with law enforcement authorities in bringing
legal proceedings, against users who violate this Agreement.
3.5 Third-Party Content and Services. In the course of using the Service, you may access services and Web
sites provided by third parties, including third-party Web sites accessible through links from the Service. Danger
is not responsible for the content, products, materials, or practices (including privacy practices) of any such
Web sites or third-party services. You understand that by using the Service you may be exposed to third-party
Web sites or content that you find offensive, indecent or otherwise objectionable. Danger makes no warranty,
representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content,
nature or reliability of third-party Web sites (including Web sites accessible by hyperlink from the Service)
or products or services accessible from the Service. Danger provides links to third-party Web sites for your
convenience only and Danger does not control such Web sites. Danger’s inclusion of links to such Web sites
Legal Information 61
