Kindle DX (Free 3G) Safety Instructions User Manual

Page 8

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Termination. Your rights under this Agreement will automatically terminate without notice
from Amazon if you fail to comply with any term of this Agreement. In case of such
termination, you must cease all use of the Software and Amazon may immediately revoke
your access to the Service or to Digital Content without notice to you and without refund of
any fees. Amazon’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 AMAZON 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 AMAZON OR AN
AUTHORIZED REPRESENTATIVE OF AMAZON 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
AMAZON 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
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

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