Blackberry Wireless Handheld Manual page 16

Singapore
Started Guide or Getting Started Guide applicable to the specific type and version of the Software; or (ii) a malfunction or
other problem related to any hardware, network, software or communication system other than the BlackBerry Solution or
BlackBerry Enterprise Server Software; or (iii) to any external causes affecting the Software, including the media upon
which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, or
correction of errors attributable to software other than the Software. The Software may include Sun Microsystems, Inc.
("Sun") Java code. Any such code is provided to You "AS IS" and at no charge with no representations, warranties or
conditions either express or implied, including without limitation any warranties or conditions of merchantability, quality,
performance, fitness for a particular purpose, durability, title or non-infringement. In no event shall either RIM or Sun be
liable to You for any damages whatsoever, including without limitation any direct, indirect, consequential, punitive,
exemplary damages, arising out of in relation to the provision of the Sun Java code as part of the Software, its performance
or lack of performance, even if RIM or Sun has been advised of the possibility of such damages. You acknowledge that this
limitation and exclusion is reasonable given that this code is provided at no charge. This paragraph sets out Your sole
remedies in respect of the Software and any breach of the warranty set out herein.
(d) RIM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE BLACKBERRY SOLUTION 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 OR FROM A COURSE OF DEALING OR USAGE OF TRADE
RELATED TO THE SERVICES AND/OR THE BLACKBERRY SOLUTION OR ANY PORTION THEREOF ARE HEREBY
EXCLUDED.
(e) The limited warranties set out in this Agreement give You specific legal rights. You may also have other rights that vary
by state, or province or country. Some jurisdictions may not allow the exclusion or limitation of implied warranties and
conditions.
(f) To the extent permitted by law, any implied warranties or conditions relating to the Software to the extent they cannot
be excluded as set out above are limited to 90 days from the date You first installed any portion of the BlackBerry Solution
on any computer.
17. Limitation of Liability.
(a) The only type of damages that can be recovered against RIM arising from or related to this Agreement including
without limitation in relation to the provision, use, performance or non-performance of the BlackBerry Solution or any
portion thereof, shall be Your direct damages (meaning any loss or damage You incur that results directly from Your use of
the Blackberry Solution), if any, and without expanding on the specific remedies set out in Section 16 above (i) in no event
shall the aggregate liability of RIM exceed the amount paid by You for the BlackBerry Product(s), and/or for that portion
of the Software (as the case may be) that gave rise to the claim, and (ii) RIM shall only be liable for damages incurred
during the period of such failure, delay or nonperformance of the BlackBerry Solution.
(b) RIM SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE
ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF ANY SERVICE OR PRODUCT.
(c) EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN
NO EVENT SHALL RIM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS
PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR CORRUPTION OR LOSS OF
DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN
CONJUNCTION WITH THE SOFTWARE, DOWNTIME COSTS, LOSS OF THE USE OF THE BLACKBERRY SOLUTION, OR ANY
ASSOCIATED PRODUCTS, COST OF SUBSTITUTE GOODS, FACILITIES, OR SERVICES, COST OF CAPITAL, OR OTHER
PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE
FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SOFTWARE OR
ANY THIRD PARTY SOFTWARE, EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) IN THE EVENT THAT ANY EXCLUSION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON
AND RIM BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY BE LAWFULLY LIMITED, SUCH LIABILITY SHALL BE
LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. RIM SHALL BE LIABLE TO YOU AS EXPRESSLY PROVIDED
IN THIS AGREEMENT BUT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER
OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU.
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