OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL BE FREE FROM UNAUTHORIZED
ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). FURTHER, AS THE
WIRELESS CARRIER IS NOT CONTROLLED BY DANGER, NO WARRANTY IS MADE AS TO COVERAGE,
AVAILABILITY OR GRADE OF SERVICE PROVIDED BY THE WIRELESS CARRIER. PLEASE NOTE THAT
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL DANGER, ITS SUPPLIERS OR SERVICE PROVIDERS
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEM-
PLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS)
RESULTING FROM YOUR ACCESS TO, OR USE OR INABILITY TO USE THE SERVICE OR SOFTWARE
(INCLUDING AS A RESULT OF AN OUTAGE OF THE SERVICE PROVIDED BY YOUR WIRELESS CARRIER
OR ANY OTHER THIRD-PARTY SERVICE PROVIDER, OR WITH RESPECT TO THE INFORMATION, SERV-
ICES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE
SERVICE. IN NO EVENT WILL DANGER, ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO YOU
IN CONNECTION WITH THE SERVICE OR THE SOFTWARE FOR ANY DAMAGES IN EXCESS OF TWO
HUNDRED U.S. DOLLARS (U.S. $200).
9. Indemnity. You agree to defend, indemnify, and hold harmless Danger, its officers, directors, employ-
ees and agents, from and against any claims, actions or demands, including without limitation reasonable
attorneys’ fees, made by any third party due to or resulting from your violation of this Agreement.
10. Export Controls. You agree and acknowledge that the Software may contain cryptographic functional-
ity the export of which is restricted under U.S. export control law. You will comply with all applicable laws
and regulations in your activities under this Agreement, including without limitation all export laws and
regulations of the U.S. Department of Commerce and all other U.S. agencies and authorities, including
the Export Administration Regulations promulgated by the Bureau of Industry and Security (as codified
in 15 C.F.R. Parts §§ 730-774). You expressly agree not to export or re-export the Software in violation of
such laws or regulations, or without all required licenses and authorizations.
11. Government End Users. The Software is a “commercial item” as that term is defined at 48 C.F.R.
2.101, consisting of “commercial computer software” and “commercial computer software documenta-
tion” 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 princi-
ples of conflicts 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 consti-
tute a waiver of any subsequent breach or default. This Agreement constitutes the complete and exclusive
98 Legal Information
