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Safety & Warranty
14. Indemnity
You agree to indemnify and hold Sprint and its parents, suppliers, licensors, subsidiaries,
affiliates, officers, and employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of: (1) use of the Service by you or
by anyone using your account; (2) violation of these Terms by you or by anyone using your
account; or (3) violation or infringement by you, or by anyone using your account, of
intellectual property rights or any other rights of any other person.
15. General Provisions
We may assign our rights and duties under these Terms to any third party at any time without
notice to you. These Terms and the relationship between you and Sprint shall be governed by
the laws of the State of California without regard to its conflict of law provisions. You and Sprint
agree to submit to the personal and exclusive jurisdiction of the courts located within the State
of California. You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The failure of Sprint to exercise or enforce
any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and that the other provisions of the Terms shall be valid and remain
in full force and effect.
Handspring Product Warranty
Warranty. Handspring warrants to you that at the date of purchase, the product is free of defects
in workmanship and materials, and the software included in the product will perform in
substantial compliance to its program specifications.
Exclusions from Warranty. This warranty does not cover physical damage to the surface of the
product, including, without limitation, breakage, cracks, dents, scratches or adhesive marks on
the LCD touchscreen or outside casing of the product caused by you or a third party. In addition,
this warranty shall not apply (i) if the casing for the product is opened by someone other than an
authorized Handspring representative; (ii) if the defect or malfunction is caused by your or a
third party’s misuse, accident, modification of the product’s components, or operation of the
product in an unsuitable environment or in a manner for which it is not intended; (iii) if
Handspring’s testing and examination discloses that the alleged defect or malfunction in the
product does not exist, (iv) if the defect or malfunction results from the use of the product in
conjunction with accessories, other products, or ancillary or peripheral equipment and
Handspring determines that there is no fault with the product itself; or (v) if the defect or
malfunction is due to any communication service you may subscribe to or use with the product.
Handspring shall not be responsible for software, firmware, information, or memory data
contained in, stored on, or integrated with any products returned to Handspring for repair,
Start Here.book Page 196 Monday, September 8, 2003 11:13 AM