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Danger® Service and End-User License Agreement
I IMPORTANT: PLEASE CAREFULLY READ THIS SERVICE AND END-USER LICENSE AGREEMENT (THE
“AGREEMENT”) BETWEEN YOU AND DANGER, INC., A SUBSIDIARY OF MICROSOFT CORPORATION,
(“DANGER”) BEFORE YOU USE YOUR WIRELESS DEVICE (THE “DEVICE”). YOUR USE OF THE DEVICE
OR THE SERVICE FOR THE DEVICE SHALL CONSTITUTE YOUR BINDING ACCEPTANCE OF ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE DEVICE OR THE SERVICE AND
SHOULD PROMPTLY RETURN THE DEVICE TO THE PLACE WHERE YOU PURCHASED IT.
Danger owns and operates a service that enables certain features on your Device, including email,
Internet access, instant messaging, address book, and calendar functions, and that also allows you to
access such features from a Web site operated by Danger (the “Service”). Your use of the Service and the
Software (as defined below) in the course of operating your Device is subject to the terms and condi-
tions of this Agreement. Danger reserves the right to change or modify any of the terms and conditions
contained in this Agreement or any policy referenced herein at any time and in its sole discretion. You may
access this agreement at www.danger.com/legal. If the Agreement is changed, we will post the new terms
to such Web page. Any changes or modifications will be effective upon posting, and your continued use
of the Service or Software after the posting of such changes will constitute your binding acceptance of the
Agreement as revised.
1. Software
1.1 Definition. “Software” means any computer software, in executable code form, owned by Danger
(or software owned by third parties, which Danger has the right to distribute or sublicense) and either
pre-loaded on the Device at the time of manufacture or otherwise furnished to you by Danger in its sole
discretion. “Software” includes the Danger® operating system and applications, including any and all
updates to the same.
1.2 License Grant. Subject to the terms and conditions of this Agreement, Danger hereby grants to you
a nonexclusive, nontransferable, nonsublicenseable license to use, perform, and display the Software
using the Device upon which the Software was originally installed, and solely as necessary to operate the
Software in accordance with the applicable documentation.
1.3 Restrictions. You may not (a) reproduce, distribute, sublicense, use for service-bureau purposes, sell,
lease, or otherwise transfer the Software to any third parties; (b) modify, alter, improve, “hack,” or create
derivative works of the Software; or (c) reverse-engineer, decompile, disassemble, reverse-assemble, or
otherwise attempt to derive the source code of the Software.
1.4 Third-Party Software. You understand and agree that in addition to the Software, the Device may
contain certain third-party software (“Third-Party Software”) the use of which may be subject to separate
license agreements containing additional terms and conditions. Any such license agreements will be
provided to you separately. You hereby agree to comply with all such additional terms and conditions in
your use of the Third-Party Software.
2. Ownership. The Software is licensed to you, not sold. Danger and its licensors retain exclusive owner-
94 Legal Information