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Export Regulations: You agree to comply with all export and re-export restrictions and regulations
of the Department of Commerce and other United States agencies and authorities, and not to
transfer, or encourage, assist or authorize the transfer of the Software to a prohibited country or
otherwise in violation of any such restrictions or regulations.
General
No Illegal Use and Reservation of Rights: You may not use the Device, the Service or the Digital
Content for any illegal purpose. You acknowledge that the sale of the Device to you does not
transfer to you title to or ownership of any intellectual property rights of Pandigital or its suppliers.
All of the Software is licensed, not sold, and such license is non-exclusive.
Information Received: The Device Software may provide Pandigital with data about your Device
and its interaction with the Service (such as available memory, up-time, log files and signal
strength) and information related to the content on your Device and your use of it. Information we
receive is subject to the Pandigital Privacy Notice.
Patents: The Device and/or methods used in association with the Device may be covered by one or
more patents or pending patent applications.
Termination: Your rights under this Agreement will automatically terminate without notice from
Pandigital if you fail to comply with any term of this Agreement. Pandigital's failure to insist upon
or enforce your strict compliance with this Agreement will not constitute a waiver of any of its
rights.
Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE,
DEVICE, DIGITAL CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. EXCEPT FOR THE ONE-YEAR
LIMITED WARRANTY, THE SERVICE, DEVICE, DIGITAL CONTENT AND SOFTWARE ARE PROVIDED "AS
IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND PANDIGITAL AND ITS
SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PANDIGITAL OR AN AUTHORIZED
REPRESENTATIVE OF PANDIGITAL SHALL CREATE A WARRANTY. THE LAWS OF CERTAIN
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER PANDIGITAL NOR ITS
SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICE, DEVICE,
DIGITAL CONTENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT
OF LOSS OF PROFITS, REVENUE, DATA OR USE OF THE DEVICE OR SOFTWARE OR ANY ASSOCIATED
PRODUCT, EVEN IF PANDIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ANY CASE, PANDIGITAL'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO
THE AMOUNT ACTUALLY PAID FOR THE DEVICE. THE LAWS OF CERTAIN JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disputes: ANY DISPUTE ARISING OUT OF OR RELATING IN ANYWAY TO THIS AGREEMENT SHALL BE
SUBMITTED TO CONFIDENTIAL ARBITRATION IN ALAMEDA COUNTY, EXCEPT THAT, TO THE EXTENT
YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE PANDIGITAL'S INTELLECTUAL
