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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