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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.
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.
11.1 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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