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Palm.Net™ Service Agreement and Other Product Information Page 281
8. Disclaimer of Service Warranties.
8.1 Subscription to Service does not affect the warranty that came with your
Palm VII device. No additional warranty is provided as a result of subscribing to the
Service. Palm, Inc. SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY
EQUIPMENT OR SOFTWARE PROVIDED BY YOU AND IN NO WAY WARRANTS
THE CAPABILITIES OF ANY SUCH PROVIDED EQUIPMENT OR SOFTWARE USED
IN CONJUNCTION WITH THE SERVICE OR THE PALM VII DEVICE. PALM, INC.
FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE
PALM VII DEVICE OR THE SERVICE WILL ACHIEVE THE MAXIMUM NETWORK
ACCESS SPEED SET FORTH IN ANY PALM, INC. DOCUMENTATION.
8.2 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BA-
SIS.
8.3 PALM, INC. AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRAN-
TIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
8.4 PALM, INC. MAKES NO WARRANTY THAT THE SERVICE WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DO PALM, INC. OR ITS LICENSORS
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RE-
LIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. PALM,
INC. AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANG-
ES IN THE SERVICE AT ANY TIME.
8.5 YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PALM VII DEVICE AND/
OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
8.6 PALM, INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SER-
VICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSAC-
TIONS ENTERED INTO THROUGH THE SERVICE.
8.7 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OB-
TAINED BY YOU FROM PALM, INC. OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8.8 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.