User's Manual

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 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 through our website: www.pandigital.net.
CE Notice
Pandigital hereby declares that the essential requirements set out in the R&TTE Directive 99/5/EC
have been fully fulfilled on our product with indication below:
Product Name: Pandigital SuperNova
Model Name: R80B400
Brand Name: Pandigital
Battery Statement