9. Limitation Of Liability For The Service.

9.1 3Com shall not be liable for any loss, injury, claim, liability or damage of any
kind resulting in any way from (i) your use of the Service, (ii) your use of any equip-
ment in connection with the Service, or (iii) the content of materials included with or ac-
cessed via use of the Service, or (iv) any goods or services purchased through the
Service. Neither 3Com nor any Wireless Service Providers shall have any liability of any
kind, direct or indirect, to you for any damages other than actual damages directly or
proximately resulting from the failure, delay, or nonperformance of the Service. The
limitations stated in this Section 9 (“Limitation of Liability”) also apply to Venue Hosts
and Wireless Service Providers.

9.2 3COM, WIRELESS SERVICE PROVIDERS AND/OR 3COM’S LICENSORS

SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (IN-
CLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE, RELATED FACILITIES,
EQUIPMENT OR SOFTWARE, EITHER SEPARATELY OR IN COMBINATION WITH
ANY OTHER SERVICES, FACILITIES, EQUIPMENT, OR SOFTWARE, WHETHER OR
NOT PERFORMED OR PROVIDED UNDER THIS AGREEMENT, OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RE-
CEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, OR RE-
SULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF 3COM, WIRE-
LESS SERVICE PROVIDERS AND/OR 3COM’S LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,

THE MAXIMUM LIABILITY OF 3COM FOR DAMAGES HEREUNDER SHALL NOT
EXCEED $100.00 AND THE MAXIMUM COLLECTIVE LIABILITY OF 3COM AND
WIRELESS SERVICE PROVIDERS FOR ACTUAL DAMAGES DIRECTLY AND PROX-
IMATELY RESULTING FROM THE FAILURE, DELAY, OR NONPERFORMANCE OF
THE SERVICE HEREUNDER SHALL BE LIMITED SOLELY TO THE AMOUNT PAID
BY YOU TO 3COM FOR THE SERVICE DURING SUCH PERIOD OF FAILURE, DE-
LAY, OR NONPERFORMANCE.

9.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLU-

SION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Third Party Rights. The provisions of this Agreement are for the benefit of 3Com,
Venue Hosts, and their respective licensors. Each of these individuals or entities shall
have the right to assert and enforce this Agreement on its own behalf.

11. Messaging Service Terms and Conditions.

11.1 Rules of Use. If you elect to use the Wireless Internet Messaging Service (the
“Messaging Service”), you hereby agree to comply with the additional terms and con-
ditions set forth in this Section 11 (“Messaging Terms and Conditions”). You further

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