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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, Attn: Legal Department, 6375 Clark
Avenue, Suite 100, Dublin, CA 95468.
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