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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 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.