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[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.
NextelUG_i700.fm Page 116 Friday, June 16, 2000 3:15 PM