7. NO WARRANTIES. THE SERVICE AND SOFTWARE ARE PROVIDED BY DANGER ON AN “AS IS” BASIS.
DANGER HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICE OR THE SOFTWARE (INCLUDING
ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS THAT YOU MAY ACCESS THROUGH
THE SERVICE), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING
FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU
ACKNOWLEDGE THAT DANGER DOES NOT WARRANT OR REPRESENT THAT THE SERVICE OR THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE OR THE SOFTWARE WILL BE
TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE
SOFTWARE WILL BE CORRECTED, THAT ANY CONTENT OR INFORMATION CONTAINED IN THE
SERVICE OR ACCESSED THROUGH YOUR USE OF THE DEVICE WILL BE ACCURATE, COMPLETE,
RELIABLE, OR ERROR-FREE, THAT THE SOFTWARE OR ANY MATERIALS AVAILABLE FOR DOWNLOAD
FROM THE SERVICE WILL BE FREE OF VIRUSES 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 BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, 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, SERVICES, CONTENT OR ADVERTISEMENTS
CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SERVICE. IN NO EVENT WILL DANGER
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, employees 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 functionality
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 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.
Legal Information 63
