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 permissible so as to effect the intent of the parties, and the remainder of this Agreement will
continue in full force and effect.
Danger® Service Privacy Notice
Danger, Inc. (“Danger”) owns and operates a service that enables certain features on your wireless device, including
email, Internet access, instant messaging, address book, and calendar functions (the “Danger Service”). The Danger
Service also includes a Web site operated by Danger (the “Danger Service Web Site”) that subscribers may use to
access these features, as described more fully in this Reference Guide. This Privacy Notice applies to information
collected by Danger in connection with its operation of the Danger Service. This Notice does not apply to information
collected on Web sites operated by Danger, such as www.danger.com or www.hiptop.com. To find out how Danger
handles information collected on those Web sites, please read the privacy policies located at those sites. Finally, this
Notice does not apply to information collected by your wireless carrier. Please refer to your wireless carrier’s privacy
policy to learn what information it collects about you and how such information is used.
YOUR PRIVACY IS IMPORTANT TO US
At Danger we are committed to maintaining the privacy and accuracy of your personal information and to protecting
such information from loss, misuse and unauthorized access and disclosure. This Privacy Notice describes how
Danger treats information received about you when you become a subscriber to the Danger Service, when you provide
information to us, and when you use the Danger Service.
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