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Danger® Service and End-User License Agreement
IMPORTANT: PLEASE CAREFULLY READ THIS SERVICE AND END-USER LICENSE AGREEMENT (THE
“AGREEMENT”) BETWEEN YOU AND DANGER, INC. (“DANGER”) BEFORE YOU USE YOUR SIDEKICK DEVICE
(THE “DEVICE”). YOUR USE OF THE DEVICE OR THE SERVICE FOR THE DEVICE SHALL CONSTITUTE YOUR
BINDING ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE
DEVICE OR THE SERVICE AND SHOULD PROMPTLY RETURN THE DEVICE TO THE PLACE WHERE YOU
PURCHASED IT.
Danger owns and operates a service that enables certain features on your Device, including email, Internet access,
instant messaging, address book, and calendar functions, and that also allows you to access such features from a Web
site operated by Danger (the “Service”). Your use of the Service and the Software (as defined below) in the course of
operating your Device is subject to the terms and conditions of this Agreement. Danger reserves the right to change
or modify any of the terms and conditions contained in this Agreement or any policy referenced herein at any time and
in its sole discretion. You may access this agreement at www.danger.com/agreements. If the Agreement is changed,
we will post the new terms to such Web page. Any changes or modifications will be effective upon posting, and your
continued use of the Service or Software after the posting of such changes will constitute your binding acceptance of
the Agreement as revised.
1. Software
1.1 Definition.
“Software” means any computer software, in executable code form, owned by Danger (or
software owned by third parties, which Danger has the right to distribute or sublicense) and either pre-loaded on
the Device at the time of manufacture or otherwise furnished to you by Danger in its sole discretion. “Software”
includes the hiptop
®
operating system and applications.
1.2 License Grant. Subject to the terms and conditions of this Agreement, Danger hereby grants to you a
nonexclusive, nontransferable, nonsublicenseable license to use, perform, and display the Software using the
Device upon which the Software was originally installed, and solely as necessary to operate the Software in
accordance with the applicable documentation.
1.3 Restrictions. You may not (a) reproduce, distribute, sublicense, use for service-bureau purposes, sell,
lease, or otherwise transfer the Software to any third parties; (b) modify, alter, improve, “hack,” or create
derivative works of the Software; or (c) reverse-engineer, decompile, disassemble, reverse-assemble, or
otherwise attempt to derive the source code of the Software.
1.4 Third-Party Software. You understand and agree that in addition to the Software, the Device may contain
certain third-party software (“Third-Party Software”) the use of which is subject to separate license agreements
containing additional terms and conditions. Any such license agreements are provided to you separately. You
hereby agree to comply with all such additional terms and conditions in your use of the Third-Party Software.
IX.
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