Sharp CNETsidekick3 Reference Guide - Page 76

Legal Information - 3 software

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1.4 Third-Party Software. You understand and agree that in addition to the Software, the Device may contain certain third-party software ("Third-Party Software") the use of which may be subject to separate license agreements containing additional terms and conditions. Any such license agreements will be provided to you separately. You hereby agree to comply with all such additional terms and conditions in your use of the ThirdParty Software. 2. Ownership. The Software is licensed to you, not sold. Danger and its licensors retain exclusive ownership of all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights worldwide, in and to the Service and the Software (including any corrections, bug fixes, enhancements, updates or other modifications thereto). There are no implied licenses under this Agreement, and all rights not expressly granted are hereby reserved. 3. Use of the Service 3.1 Wireless Service Provider. In addition to Danger's terms and conditions set forth in this Agreement, you agree and acknowledge that your use of the Service is subject to your wireless carrier's terms and conditions of service. 3.2 Privacy Policy. Danger believes strongly in protecting user privacy and providing you notice of Danger's collection and use of data, including personally identifying information. To learn about Danger's information collection and use practices and policies for the Service, please refer to the Danger Service Privacy Notice. 3.3 Your Account. All information that you provide in connection with your registration for the Service must be accurate. You will receive a password and username upon completing your registration. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify your wireless network operator of any unauthorized use of your password or account or any other breach of security. 3.4 Prohibited Activities. You agree not to use the Service to: (a) directly or indirectly violate any applicable laws, rules, or regulations issued or promulgated by any competent government authority, including without limitation any intellectual property laws, privacy laws, computer fraud or abuse statutes, or export control laws; (b) upload, post, email or transmit any content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship; (c) upload, post, email or transmit any content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other proprietary right; (d) upload, post, email or transmit any materials that are unlawful, untrue (including incomplete, false or inaccurate biographical information), harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, pornographic, indecent, hateful, abusive, or harmful (including but not limited to viruses, corrupted files, or any other similar software or programs); (e) violate, attack, or attempt to violate or attack the security, integrity, or availability of any network, service, or other computer system; (f) send mass unsolicited or unauthorized electronic messages or "spam", including without limitation, promotions or advertisements for products or services; (g) send altered, deceptive or false source-identifying information (including forged TCP/IP headers); or (h) use the Service in a manner that otherwise violates Danger's then-current Acceptable Use Policy, the latest version of which is available at www. danger.com/agreements. Violations of any of the above will be investigated by Danger and, where appropriate, Danger may either institute legal action, or cooperate with law enforcement authorities in bringing legal proceedings, against users who violate this Agreement. 76 Legal Information

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1.4
Third-Party Software.
You understand and agree that in addition to the Software, the Device may contain
certain third-party software (“Third-Party Software”) the use of which may be subject to separate license
agreements containing additional terms and conditions. Any such license agreements will be provided to you
separately. You hereby agree to comply with all such additional terms and conditions in your use of the Third-
Party Software.
2.
Ownership.
The Software is licensed to you, not sold. Danger and its licensors retain exclusive ownership of all
proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights
worldwide, in and to the Service and the Software (including any corrections, bug fixes, enhancements, updates
or other modifications thereto). There are no implied licenses under this Agreement, and all rights not expressly
granted are hereby reserved.
3.
Use of the Service
3.1 Wireless Service Provider.
In addition to Danger’s terms and conditions set forth in this Agreement, you
agree and acknowledge that your use of the Service is subject to your wireless carrier’s terms and conditions of
service.
3.2 Privacy Policy.
Danger believes strongly in protecting user privacy and providing you notice of Danger’s
collection and use of data, including personally identifying information. To learn about Danger’s information col-
lection and use practices and policies for the Service, please refer to the Danger Service Privacy Notice.
3.3 Your Account.
All information that you provide in connection with your registration for the Service must be
accurate. You will receive a password and username upon completing your registration. You are responsible for
maintaining the confidentiality of the password and account information, and are fully responsible for all activi-
ties that occur under your password or account. You agree to immediately notify your wireless network operator
of any unauthorized use of your password or account or any other breach of security.
3.4 Prohibited Activities.
You agree not to use the Service to: (a) directly or indirectly violate any applicable
laws, rules, or regulations issued or promulgated by any competent government authority, including without
limitation any intellectual property laws, privacy laws, computer fraud or abuse statutes, or export control laws;
(b) upload, post, email or transmit any content that you do not have the right to post or transmit under any law,
contractual duty or fiduciary relationship; (c) upload, post, email or transmit any content that infringes a third
party’s trademark, patent, trade secret, copyright, publicity, privacy, or other proprietary right; (d) upload, post,
email or transmit any materials that are unlawful, untrue (including incomplete, false or inaccurate biographical
information), harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, pornographic, indecent,
hateful, abusive, or harmful (including but not limited to viruses, corrupted files, or any other similar software or
programs); (e) violate, attack, or attempt to violate or attack the security, integrity, or availability of any network,
service, or other computer system; (f) send mass unsolicited or unauthorized electronic messages or “spam”,
including without limitation, promotions or advertisements for products or services; (g) send altered, deceptive
or false source-identifying information (including forged TCP/IP headers); or (h) use the Service in a manner that
otherwise violates Danger’s then-current Acceptable Use Policy, the latest version of which is available at www.
danger.com/agreements. Violations of any of the above will be investigated by Danger and, where appropriate,
Danger may either institute legal action, or cooperate with law enforcement authorities in bringing legal proceed-
ings, against users who violate this Agreement.
76
Legal Information