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not, and you will not encourage, assist or authorize any other person to, bypass, modify, defeat or
circumvent security features that protect the Digital Content.
Software
Definitions: The following terms apply to the Device and to (a) all software (and the media on which such
software is distributed) of Pandigital or third parties that is pre-installed on the Device at time of
purchase or that Pandigital provides as updates/upgrades to the pre-installed software (collectively, the
"Device Software"), unless you agree to other terms as part of an update/upgrade process; and (b) any
printed, on-line or other electronic documentation for such software (the "Documentation"). As used in
this Agreement, "Software" means, collectively, the Device Software and Documentation.
Use of the Device Software: You may use the Device Software only on the Device. You may not separate
any individual component of the Device Software for use on another device or computer, may not
transfer it for use on another device or use it, or any portion of it, over a network and may not sell, rent,
lease, lend, distribute or sublicense or otherwise assign any rights to the Software in whole or in part.
No Reverse Engineering, Decompilation, Disassembly or Circumvention: You may not, and you will not
encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble
the Device or the Software, whether in whole or in part, create any derivative works from or of the
Software, or bypass, modify, defeat or tamper with or circumvent any of the functions or protections of
the Device or Software or any mechanisms operatively linked to the Software, including, but not limited
to, augmenting or substituting any digital rights management functionality of the Device or Software.
Automatic Updates: In order to keep your Software up-to-date, Pandigital may automatically provide
your Device with updates/upgrades to the Software.
Export Regulations: You agree to comply with all export and re-export restrictions and regulations of the
Department of Commerce and other United States agencies and authorities, and not to transfer, or
encourage, assist or authorize the transfer of the Software to a prohibited country or otherwise in
violation of any such restrictions or regulations.
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