Nextel comm NTN9368-A manual 116

[Notice of] Addendum to Nextel Subscriber Agreement Terms and Conditions

The parties hereby agree to the following additional terms and conditions with respect to Company’s [data service]. By activating any of the Company [data services], Customer agrees to the terms and conditions set forth herein.

1.APPLICATION COMPATIBILITY. Certain applications offered by Company or authorized third parties may be compatible with the Equipment and/or the Service offered by Nextel (the “Applications”). Customer acknowledges and agrees that there is no guarantee or assurance that the Applications are compatible, or will continue to be compatible, with Nextel’s System or any of its product or service offerings. Such compatibility or approval from Nextel of compatibility shall not be construed as an endorsement of the Application or a commitment on the part of Nextel that the Applications will continue to be compatible with the System, Equipment or Service for any period of time. Company reserves the right, in its sole discretion, to disable and discontinue an Application for any reason.

2.APPLICATION CUSTOMER CARE AND SUPPORT. Customer acknowledges and agrees that in most cases, the developer of an Application is responsible for providing customer care and Application support to all Customers using the Application. In the event Customer contacts Company customer care with an issue that has arisen as a result of the use of an Application, the Customer may be referred to the Application developer’s customer care.

3.NO WARRANTY—COMPANY MAKES NO WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO CUSTOMER IN CONNECTION WITH COMPANY’S [DATA SERVICE] OR ANY APPLICATION AND THE COMPATIBILITY, FUNCTIONALITY AND USABILITY OF THE APPLICATION WITH THE SYSTEM OR NEXTEL’S PRODUCTS AND SERVICES.

4.NON-LIABILITY OF THE COMPANY. COMPANY SHALL NOT BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR OTHER MONETARY LOSS, ARISING OUT OF THE PERFORMANCE OR FAILURE OF NEXTEL’S SYSTEM, PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO COMPANY’S [DATA SERVICE] AND ANY APPLICATION, WHETHER OR NOT ANY SUCH MATTERS OR CAUSES ARE WITHIN COMPANY’S CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT ON THE PART OF COMPANY, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES.

5.All terms and conditions of Company’s subscriber agreement shall continue in full force and effect.

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