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# Program Terms of Use

Last updated: February 6, 2018

This is an agreement between you and Amazon Digital Services LLC (with its affiliates, “Amazon” or “we”). Please read these Program Terms of Use, the Amazon.com Privacy Notice, the Amazon.com Conditions of Use, and the other applicable rules, policies, and terms available at the Amazon.com website, or on or through the Amazon Software (collectively, this “Agreement”) before using the Prime Exclusive Phone. By using the Prime Exclusive Phone, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Prime Exclusive Phone, and you may return it in accordance with the applicable return policy. Your use of any of the Amazon Services is subject to any additional rules, policies, and terms that apply to those Amazon Services.

For the purpose of these Program Terms of Use:

“Amazon Services” means the provision of Amazon Software, digital content, and support and other services that we provide Prime Exclusive Phone users.

“Amazon Software” means all software we make available to you for use on a Prime Exclusive Phone.

“Prime Exclusive Phone” means a device made available through our Prime Exclusive Phones program.

1. Use of a Prime Exclusive Phone. To register and use a Prime Exclusive Phone, you must have your own Amazon.com account, and you may be required to be logged in to the account and have a valid payment method associated with it. Learn more about Prime Exclusive Phones.

2. Amazon Software and Amazon Services

a. Use of the Amazon Software. Except as provided in this section, you may use the Amazon Software only on a Prime Exclusive Phone. For additional terms that apply to the Amazon Software, see the Additional Amazon Software Terms contained in the Amazon.com Conditions of Use and the terms contained in the Settings menu of your Prime Exclusive Phone (under the heading “Amazon”). Amazon Software licensed under an open source license is governed solely by the terms of that open source license.

b. Availability. Some Amazon Services may be unavailable, vary (by device or geography, for example), be offered for a limited time, or require separate subscriptions. In addition, if your Prime Exclusive Phone is located in an area where it cannot access wireless data services, you may not be able to use some or all of the Amazon Services. We are not responsible for the unavailability of wireless data services or any corresponding loss of Amazon Services.

3. General

a. Information Received. The Amazon Software may provide us with information about your Prime Exclusive Phone, your use of it, and its interaction with Amazon Services and other software, applications, and services on the Prime Exclusive Phone (such as ad impressions and clicks, available memory, connectivity, log files, network diagnostics, system and stability metrics, content usage, location, and installed applications). We may be provided similar information from manufacturers of Prime Exclusive Phones. Information provided to Amazon may be processed in the cloud to improve your experience and our services, and may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Amazon.com Privacy Notice.

b. Changes to Amazon Services; Amendments. We may change, suspend, or discontinue the Amazon Services, or any part of them, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Amazon.com website. Your continued use of the Prime Exclusive Phone after the effective date of the revised Agreement constitutes your acceptance of the terms.

c. Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, Amazon may immediately revoke your access to the Amazon Services without refund of any purchase price or fees. Amazon's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

d. Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement, a Prime Exclusive Phone, the Amazon Software, or the Amazon Services is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the Amazon.com Conditions of Use. You agree to those terms by entering into this Agreement or using a Prime Exclusive Phone or the Amazon Services.

e. Disclaimer of Warranties and Limitation of Liability. Prime Exclusive Phones are developed and manufactured by third parties, and we have no responsibility or liability for any aspect of Prime Exclusive Phones except the Amazon Services. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in theAmazon.com Conditions of Use, unless otherwise required by applicable law, in no event will our or our licensors' aggregate liability with respect to any claim related to the Amazon Services or under this Agreement exceed fifty dollars ($50.00).

f. Contact Information. For help with the Amazon Services, Amazon Software or resolving other related issues, please contact Customer Service at www.amazon.com/contact-us/.

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