-89-
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, ITS
SUPPLIERS AND SERVICE PROVIDERS DO NOT WARRANT OR REPRESENT
THAT THE SERVICE OR THE SOFTWARE WILL MEET YOUR REQUIRE-
MENTS, 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 COVER-
AGE, 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, 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 (INCLUD-
ING 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, 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. $00).
9.
Indemnity.
You agree to defend, indemnify, and hold harmless Danger, its of-
ficers, 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.
