User's Manual

Table Of Contents

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 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 amendment shall be deemed your agreement to be bound by such

amendment.

Contact Information: For communications concerning this Agreement, you may

contact Pandigital by writing to Pandigital, Attn: Legal Department, 6375 Clark

Avenue, Suite 100, Dublin, CA 95468.

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