1.2 License Grant. Subject to the terms and conditions of this Agreement, Danger hereby grants to you a
nonexclusive, nontransferable, nonsublicenseable license to use, perform, and display the Software using the
Device upon which the Software was originally installed, and solely as necessary to operate the Software in
accordance with the applicable documentation.
1.3 Restrictions. You may not (a) reproduce, distribute, sublicense, use for service-bureau purposes, sell,
lease, or otherwise transfer the Software to any third parties; (b) modify, alter, improve, “hack,” or create derivative works of the Software; or (c) reverse-engineer, decompile, disassemble, reverse-assemble, or otherwise
attempt to derive the source code of the Software.
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 is subject to separate license agreements
containing additional terms and conditions. Any such license agreements are 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 xes, enhancements, updates
or other modications 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, please refer to the Danger Service Privacy Notice
(http://www.danger.com/service_privacy.php).
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 condentiality 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 duciary 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 les, 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.
Legal Information 51