Blackberry Wireless Handheld Manual page 17

Singapore
(e) NOTHING IN THIS AGREEMENT EXCLUDES RIM'S LIABILITY RESULTING FROM DEATH OR PERSONAL INJURY
CAUSED BY RIM'S NEGLIGENCE PROVIDED ALWAYS THAT ANY DAMAGES PAYABLE BY RIM DUE TO A FINDING THAT
RIM IS LIABLE FOR DEATH OR PERSONAL INJURY SHALL BE REDUCED BY THE EXTENT OF YOUR CONTRIBUTION.
(f) SUBJECT TO LOCAL LAW, RIM DISCLAIMS AND EXCLUDES ALL OBLIGATIONS DUTIES OR LIABILITY RESULTING
FROM RIM'S NEGLIGENCE.
(g) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE
NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF
CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH
OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED
HEREIN.
(h) You agree and acknowledge that RIM's exclusions and limitations of liability are reasonable in the circumstances and
that the price of the BlackBerry Solution and Software under this Agreement would be increased if such exclusions and
limitations were not enforceable.
18. Consent to Collection of Information.
By submitting personal information to RIM pursuant to this Agreement, including without limitation Your name, address
and telephone number, You consent to the collection, processing, transmission and disclosure of such information by RIM
for the purposes of RIM's internal use and specifically the purposes for which such information has been requested, such
as billing requirements. Any information that You provide to RIM may be used or disclosed by RIM only in accordance with
RIM's privacy policy, which may be viewed at http://www.blackberry.com/legal/index.shtml. RIM reserves the right to
modify its privacy policy from time to time in its discretion. If information is disclosed to the Airtime Service Provider to
facilitate the provision of the BlackBerry Solution, Product(s) or Service(s) to You, the Airtime Service Provider's privacy
policy will be applicable.
19. Assignment and Delegation.
RIM may assign this Agreement without notice to You. You shall not assign this Agreement without the prior written
consent of RIM (such consent may be withheld or conditioned at RIM's discretion) and any assignment without RIM's
prior written consent shall be null and void and of no effect. RIM may perform all obligations to be performed under this
Agreement directly or may have some or all obligations performed by its contractor or subcontractors, and/or in the case
of Airtime Services, by the Airtime Service Provider or its subsidiaries or affiliates.
20. Notices.
Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have
been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid,
registered mail, return receipt requested, and addressed to You at the billing address supplied to RIM by You, and
addressed to Research In Motion Limited, 295 Phillip Street, Waterloo, Ontario, Canada, N2L 3W8, with a copy (which
shall not constitute notice) to RIM's General Counsel at the same address. In addition to the foregoing, RIM may, at its
option, give You any notice under this Agreement by email. Notice to You by email shall be deemed to have been duly
given when transmitted to an email address furnished by You to RIM.
21. Force Majeure.
Notwithstanding any other provision of this Agreement, neither Party shall be deemed in default of this Agreement for
failure to fulfill its obligations when due to causes beyond its reasonable control (including without limitation, if Airtime
Services are provided to You through RIM by an Airtime Service Provider, and such Airtime Service Provider ceases to
provide Airtime Services to RIM, or ceases to provide Airtime Services to RIM on commercially reasonable terms). This
provision shall not be construed as excusing nonperformance of any obligation by either Party to make payment to the
other Party under this Agreement.
22. General.
(a) No Third Party Beneficiaries. Except as otherwise specifically stated in this Agreement: (a) the provisions herein are for
the benefit of the Parties and not for any other person or entity, and (b) the provisions conferring rights on third parties
under the Singapore Contracts (Rights of Third Parties) Act (Cap 53B) are hereby expressly excluded.
(b) Waivers of Default. Waiver by either Party of any default by the other Party shall not be deemed a continuing waiver of
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