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ItOA1VIING: TO TI~ EXTENT ROAMING IS MADE AVAILABLE, CROSSBRIDGE WILL PROVIDE THE SAME ACCESS <br />TO ROAMING CAPABILITIES (INCLUDING "IN-AREA" ROAMII~TG WHERE AVAILABLE) THAT IS MADE AVAILABLE <br />BY GPRS CARRIER TO OTI~R SIl~,ARLY SITUATED END USERS PROVIDED THAT EQiJIPMENT WITH SIlV~,AR <br />TECHTTICAL CAPABILITIES AND PROGRAMMING IS USED BY END USERS. THE AVAILABILITY OF ROAMING <br />SERVICES, AND THE CHARGES FOR THOSE SERVICES, IS DEPENDENT IN PART ON THE TYPE OF EQUIl'MENT USED <br />BY END USERS AND THE PROGRANIl~IING OF THAT EQUIPMENT. CROSSBRIDGE AND GPRS CARRIER MAKE NO <br />WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR QUALITY OF ROAMING SERVICE PROVIDED <br />BY OTHER WIRELESS CARRIERS, AND CROSSBRIDGE AND GPRS CARRIER SHALL HAVE NO LIABILITY <br />WHATSOEVER FOR ANY ERRORS, OUTAGES, OR FAILURES OF ROAMING SERVICES PROVIDED BY OTHER <br />WIRELESS CARItIERS. <br />IF GPRS CARRIER, OR ANOTHER ENTITY WITH WHOM GPRS CARRIER HAS A ROANIlNG AGREEMENT, DISCOVERS <br />OR SUSPECTS ABUSE OR FRAUD WITH RESPECT TO CERTAIN NUMBERS, TI~N ROAMING PRIVILEGES MAY BE <br />SUSPENDED WITH RESPECT TO SUCH NUMBERS. CROSSBRIDGE SHALL USE CONINIERCIALLY REASONABLE <br />EFFORTS TO PROVIDE USER WITH PRIOR, OR PROMPT SUBSEQUENT, IVOTIFICATION OF THE SUSPENSION OF THE <br />ROAMING SERVICE. CROSSBRIDGE AND GPRS CARRIER SHALL HAVE NO LIABILITY TO USER REGARDING THE <br />UNAVAILABILITY OR SUSPENSION OF ROAMING SERVICE BY OTI-~R CARRIERS. <br />TO THE EXTENT ACCESS TO ROANIING CAPABILITIES IS PROVIDED TO CUSTOMER, IT SHALL BE DEEMED TO BE <br />PART OF THE "SERVICE", AND THE USE OF SUCH ROANIING BY CUSTOMER OR CUSTOMER END USERS SHALL BE <br />GOVERNED BY TI-~E PROVISIONS OF THIS AGREEMENT. <br />PRNACY: THE SERVICE HAS MANY COMPLEX ELEMENTS AND IS NOT GUARANTEED AGAINST EVESDROPPERS, <br />HACKERS, DE1vIAL OF SERVICE ATTACKS, VIRUSES, OR INTERCEPTORS. USER AGREES THAT GPRS CARRIER AND <br />CROSSBRIDGE SHALL NOT BE LIABLE TO USER FOR ANY LACK OF PRIVACY OR SECURITY. <br />RELATIONSHIP WITH GPRS CARRIER: USER HAS NO CONTRACTUAL RELATIONSHIP WITH GPRS CARRIER AND <br />USER IS NOT A THIlZD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CROSSBRIDGE AND GPRS CARRIER. <br />USER UNDERSTANDS AND AGREES THAT GPRS CARRIER SHALL HAVE NO LEGAL, EQUITABLE, OR OTI~R <br />LIABILITY OF ANY KIND TO USER. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR <br />BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTI~RWISE, USER's <br />EXCLUSIVE REMEDY FOR CLAIl~IS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY <br />CAUSE WHATSOEVER, INCLUDING BUT NOT LIl~IITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED <br />HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED Tf~ AMOUNT PAID BY <br />USER FOR'IT~ SERVICE DURING TI~ TWO (2)-MONTH PERIOD PRECEDING Tf~ DATE TF~ CLAIM AROSE. <br />USER SHALL INDEMNIFY AND HOLD HARMLESS GPRS CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS <br />AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY <br />PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIItECTLY OR INDIRECTLY, IN <br />CONNECTION WITH THIS AGREEMENT OR TI~ USE, FAILURE TO USE, OR INABILITY TO USE TF~ NUMBER <br />EXCEPT WHERE THE CLAIMS RESULT FROM GPRS CARRIER's GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. <br />THIS INDEMIVITY SHALL SURVIVE THE TERMINATION OF TF~ AGREEMENT. <br />USER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH <br />NUMBER CAN BE CHANGED FROM TIME TO TIME. <br />USER UNDERSTANDS THAT CROSSBRIDGE AND GPRS CARRIER CANNOT GUARANTY TI-~ SECURITY OF <br />WIItELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO TI~ USE OF <br />TI~ SERVICES. <br />r,pe s <br />