Sharp CNETsidekick3 Reference Guide - Page 79

Indemnity., Export Controls., Government End Users., Applicable Law and Jurisdiction., General - 3 for sale

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9. Indemnity. You agree to defend, indemnify, and hold harmless Danger, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable attorneys' fees, made by any third party due to or resulting from your violation of this Agreement. 10. Export Controls. You agree and acknowledge that the Software may contain cryptographic functionality the export of which is restricted under U.S. export control law. You will comply with all applicable laws and regulations in your activities under this Agreement, including without limitation all export laws and regulations of the U.S. Department of Commerce and all other U.S. agencies and authorities, including the Export Administration Regulations promulgated by the Bureau of Industry and Security (as codified in 15 C.F.R. Parts §§ 730-774). You expressly agree not to export or re-export the Software in violation of such laws or regulations, or without all required licenses and authorizations. 11. Government End Users. The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein. 12. Applicable Law and Jurisdiction. You agree that this Agreement and all matters relating to the Service and the Software will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws that would require the application of the laws of a different state. You also consent to the exclusive jurisdiction and venue of the Superior Court of Santa Clara County for state claims and the Northern District of California for federal claims in all disputes arising out of or relating to the Software or the Service. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties' relationship. 13. General Provisions. You are responsible for compliance with applicable local laws. This Agreement is personal to you, and you may not transfer, assign or delegate this Agreement to anyone without the express written permission of Danger. Any attempt by you to assign, transfer or delegate this Agreement without the express written permission of Danger shall be null and void. The paragraph headings in this Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The waiver of any breach or default, or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default. This Agreement constitutes the complete and exclusive agreement between you and Danger with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Legal Information 79

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9.
Indemnity.
You agree to defend, indemnify, and hold harmless Danger, its officers, directors, employees and
agents, from and against any claims, actions or demands, including without limitation reasonable attorneys’
fees, made by any third party due to or resulting from your violation of this Agreement.
10.
Export Controls.
You agree and acknowledge that the Software may contain cryptographic functionality the
export of which is restricted under U.S. export control law. You will comply with all applicable laws and regula-
tions in your activities under this Agreement, including without limitation all export laws and regulations of the
U.S. Department of Commerce and all other U.S. agencies and authorities, including the Export Administration
Regulations promulgated by the Bureau of Industry and Security (as codified in 15 C.F.R. Parts §§ 730-774).
You expressly agree not to export or re-export the Software in violation of such laws or regulations, or without all
required licenses and authorizations.
11.
Government End Users.
The Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, con-
sisting of “commercial computer software” and “commercial computer software documentation” as such terms
are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4,
all U.S. Government end users acquire the Software with only those rights set forth therein.
12.
Applicable Law and Jurisdiction.
You agree that this Agreement and all matters relating to the Service and the
Software will be governed by the laws of the State of California, without giving effect to any principles of conflicts
of laws that would require the application of the laws of a different state. You also consent to the exclusive
jurisdiction and venue of the Superior Court of Santa Clara County for state claims and the Northern District of
California for federal claims in all disputes arising out of or relating to the Software or the Service. The parties
agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the
United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or
the parties’ relationship.
13.
General Provisions.
You are responsible for compliance with applicable local laws. This Agreement is personal
to you, and you may not transfer, assign or delegate this Agreement to anyone without the express written
permission of Danger. Any attempt by you to assign, transfer or delegate this Agreement without the express
written permission of Danger shall be null and void. The paragraph headings in this Agreement, shown in bold-
face type, are included to help make the agreement easier to read and have no binding effect. The waiver of any
breach or default, or any delay in exercising any rights shall not constitute a waiver of any subsequent breach
or default. This Agreement constitutes the complete and exclusive agreement between you and Danger with
respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or
agreements. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion
thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permis-
sible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and
effect.
Legal Information
79