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2. Ownership. The Software is licensed to you, not sold. Danger and its licensors retain exclusive owner-
ship of all proprietary rights, including all patent, copyright, trade secret, trademark and other intel-
lectual 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 Agree-
ment, 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 for the Service, please refer to the
Danger® Service Privacy Notice.
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 immedi-
ately 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 author-
ity, 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), harass-
ing, 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/legal. Violations of any of the
above will be investigated by Danger and, where appropriate, Danger may either institute legal ac-
tion, 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 download to the
Device content that is provided by third parties and/or 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-parties. 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
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