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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 PROPERTY
RIGHTS, PANDIGITAL MAY SEEK INJUNCTIVE OR OTHER
APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE
COUNTY OF ALAMEDA, AND YOU CONSENT TO EXCLUSIVE
JURISDICTION AND VENUE IN SUCH COURTS. The arbitrator's
award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or
otherwise.
Severability: If any term or condition of this Agreement shall be
deemed invalid, void, or for any reason unenforceable, that part
shall be deemed severable and shall not affect the validity and
enforceability of any remaining term or condition.
Amendment: Pandigital reserves the right to amend any of the
terms of this Agreement at its sole discretion by posting the
revised terms on the Pandigital.net website. Your continued use
of the Device and Software after the effective date of any such