Amazon Technologies KINDLE DX User Manual

Page 178

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KINDLE DX USER’S GUIDE 4

th

EDITION

Appendix B

178

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 AMAZON HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES. IN ANY CASE, AMAZON'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.

Washington Law Applies. The laws of the state of Washington, without regard to

principles of conflict of laws, will govern this Agreement and any dispute of any sort

that might arise between you and Amazon.

Disputes. ANY DISPUTE ARISING OUT OF OR RELATING IN ANYWAY TO THIS

AGREEMENT SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN SEATTLE,

WASHINGTON, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER

VIOLATED OR THREATENED TO VIOLATE AMAZON'S INTELLECTUAL PROPERTY

RIGHTS, AMAZON MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY

STATE OR FEDERAL COURT IN THE STATE OF WASHINGTON, 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. Amazon reserves the right to amend any of the terms of this Agreement

at its sole discretion by posting the revised terms on the Kindle Store or the

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