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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