User's Manual

PRELIMINARY 77
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 will 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 (such as automatic bookmarking of
the last page read and content deletions from the Device). 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 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