9. Indemnity. You agree to defend, indemnify, and hold harmless Danger, its officers, directors, em-
ployees 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 function-
ality 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 authori-
ties, 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 documen-
tation” 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 principles 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 constitute a waiver of any subsequent breach or default. This Agreement constitutes
the complete and exclusive agreement between you and Danger with respect to the subject matter
hereof, and supersedes all prior oral or written understandings, communications or agreements. If for
any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof,
to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permis-
sible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full
force and effect.
92 Legal Information
