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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.
© 2010 Pandigital, Inc. or its affiliates. All rights reserved. Pandigital, the Pandigital
logo, Pandigital Novel, are trademarks of Pandigital Inc. Barnes & Noble and the
“BN” logo are registered trademarks of Barnesandnoble.com LLC. All rights
reserved. Facebook and the “f” logo are registered trademarks of Facebook Inc. All
rights reserved. Java and all Java based trademarks and logos are trademarks or
registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
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