Blackberry Wireless Handheld Manual page 15

Singapore
15. Indemnity/Liability.
You shall defend, indemnify, and hold harmless RIM, RIM's suppliers, successors, affiliates, agents and assigns (each a
"RIM Indemnified Party") from any claims, damages, losses, or expenses (including without limitation attorney fees and
costs) incurred by a RIM Indemnified Party in connection with all claims, suits, judgments and causes of action (i) for
infringement of patents or other intellectual property or proprietary rights arising from combining with or using any
device, system or service in connection with the BlackBerry Solution or any portion thereof, (ii) for damages arising from
Your breach of Sections 5, 6, 7, 9, 10 or 12 herein, (iii) for libel, slander, defamation or infringement of copyright or other
intellectual property or proprietary right with respect to material transmitted by You using the BlackBerry Handheld
Product, (iv) for any injury, death or property damage arising in connection with the presence, use or non-use of any
portion of the BlackBerry Solution or RIM Service(s) (other than such damage to person or property (excluding data) that
directly arises from the use of the BlackBerry Handheld Product and/or Software strictly in accordance with the
"Installation and Getting Started Guide" or "Getting Started Guide" provided by RIM with the Products which specifically
pertains to such Products) or (v) for claims made by third persons against RIM arising from or related to Your use of the
Software or the BlackBerry Solution or any portion thereof (other than such claims that arise solely from the use of the
BlackBerry Handheld Product and/or Software strictly in accordance with the "Installation and Getting Started Guide" or
"Getting Started Guide" provided by RIM with the Products which specifically pertains to such Products). No remedy herein
conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as
allowed by law or in equity, but all such remedies shall be cumulative. In the event of the termination of this Agreement
pursuant to Section 14, You shall pay to RIM all attorney fees, collection fees, and related expenses, expended or incurred
by RIM in the enforcement of any right or privilege hereunder (including, but not limited to, telephone, freight, express
and postal charges, expenses of paid investigators and reasonable compensation for time of RIM's representatives).
16. Limited Warranty.
(a) Service(s). EACH OF THE RIM SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY
KIND BY RIM. RIM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, OR THAT ANY DATA
SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.
ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED
REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABILITY, SATISFACTORY
QUALITY, DURABILITY, OR ARISING BY STATUTE OR CUSTOM AND/OR FROM A COURSE OF DEALING OR USAGE OF
TRADE ARE HEREBY EXCLUDED. RIM SHALL HAVE NO LIABILITY TO YOU OF ANY KIND WITH RESPECT TO ANY
SERVICE PROVIDED BY ANY THIRD PARTY THROUGH RIM OR IN CONJUNCTION WITH RIM'S SERVICES. YOUR
RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH
THIRD PARTY.
(b) Product(s). The limited warranty ("Limited Warranty"), if any, for the Product(s) is set forth in the applicable RIM user
guide. The Limited Warranty is the exclusive warranty for any Product sold under the terms of this Agreement and sets out
Your sole remedies in respect of the Products and any breach of the Limited Warranty. The terms of Section 22 of this
Agreement are incorporated by reference into the terms of the Limited Warranty. By indicating Your acceptance by clicking
on the appropriate button below, You acknowledge that You have read the Limited Warranty and agree to its terms.
(c) Software. In the event that during the ninety (90) day period following delivery of the Product to You (the "Warranty
Period"), the Software as shipped by RIM is not capable of performing the functions described in the Specifications (which
can be viewed at http://www.blackberry.com/legal/index.shtml and is attached as Schedule A), when used as specified
by RIM in the Installation and Getting Started Guide or Getting Started Guide applicable to the specific type and version
of the Software, RIM will, at its sole option and discretion either make efforts to correct or provide You with a workaround
for such problem (which may be provided in a form at RIM's reasonable discretion, including in the course of telephonic
customer support provided to You, in a generally available software fix release, or made available to You at our web site)
or provide You with a refund for the one time fees paid by You for the Software if the media on which the Software was
provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return
mechanism (which may be through Your Airtime Service Provider or point of purchase) within the Warranty Period
together with proof of purchase. The foregoing is RIM's only obligation and is Your sole and exclusive remedy for any
defects, errors, or problems You may experience related to the Software. The above obligation will not apply if the failure
of the Software to perform the functions described in the Specifications is due to: (i) use of the Software in a manner
inconsistent with any of Your obligations set out in Sections 3, 5, 6, 7, 10 and 12 of this Agreement or in a manner
inconsistent with the instructions, including the safety instructions, specified by RIM in the Installation and Getting
15