Blackberry Wireless Handheld Manual page 23

Philippines
10. Export Restrictions; U.S. Government Rights.
You acknowledge that the Software includes encryption software that may be controlled for import, export or purposes
under the laws and regulations of the country(ies) and/or territory(ies) in which the Software is used ("Applicable Law").
In particular, You acknowledge that the Software is of Canadian origin, is subject to Canadian laws and regulations, and
may be subject to restrictions on export or re-export to countries subject to Canadian embargoes (currently Angola, Eritrea,
Ethiopia, Iraq, Liberia, Myanmar (Burma), Rwanda, Sierra Leone and Yugoslavia) or to persons or entities prohibited from
receiving Canadian exports (including, but not limited to, those involved with missile technology or nuclear, chemical or
biological weapons). You hereby represent that (1) to the best of Your knowledge You are eligible to receive the Product(s)
and the Software under Applicable Law; (2) You will import, export, or re-export the Product(s) and/or the Software to, or
use the Product(s) and/or the Software in, any country or territory only in accordance with Applicable Law; and (3) You
will ensure that other persons use the Product(s) and Software in accordance with the foregoing restrictions. The Software
is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set
forth in DFARS 227.7202 or in FAR 52.227-19, or their successors as applicable. Contractor is Research In Motion Limited,
295 Phillip Street, Waterloo, Ontario, Canada N2L 3W8. You hereby agree to indemnify RIM and the Airtime Service
Provider from any claims, actions, liability or expenses (including reasonable lawyers' fees) resulting from Your failure to
act in accordance with the certifications and commitments in this Section.
11. Security.
The enterprise edition of the BlackBerry Solution includes a level of encryption data security for communications between
Your BlackBerry Handheld Product and the computer system with which it operates. You assume full responsibility for the
establishment of appropriate security measures to control access to Your BlackBerry Handheld Product and such computer
system.
12. Confidentiality.
You acknowledge and agree that the Software was developed at considerable time and expense by RIM and is confidential
to and a trade secret of RIM. You also acknowledge that RIM has a copyright over the Software. You agree to maintain the
Software in strict confidence and not to disclose or provide access thereto to any person except to Your employees with a
need for access to exercise the license rights conferred hereby. You do not have the right to obtain or use any source code
for the Software, and may not translate, reverse engineer, decompile or disassemble the Software, or otherwise attempt to
derive the source code of the Software and agree not to authorize, allow or enable any other person to do so.
13. Term.
This Agreement shall be effective upon Your agreement to be bound by the terms of this Agreement, (as manifested by the
conduct described in the preamble above) and shall end upon expiry or termination of Your agreement with the Airtime
Service Provider, as applicable, or upon termination of this Agreement in accordance with the provisions set out herein.
RIM reserves the right, in its sole discretion, without any liability arising from or related to such termination, to terminate
this Agreement in the event that Airtime Services become unavailable. Upon termination of this Agreement, You will cease
all use of the Software and destroy and/or permanently delete all copies of the Software in Your possession.
14. Remedies and Termination for Default.
If You breach any provision of this Agreement RIM may, in addition to all other rights and remedies provided by this
Agreement or by law, terminate this Agreement by providing notice of termination. You will be deemed to be in breach of
this Agreement and RIM will have the right to terminate this Agreement if (1) You fail to comply with or perform a term or
condition herein, (2) You or any user of the BlackBerry Solution (or any component thereof) interfere with RIM's customer
service or business operations, (3) You materially contravene any agreement that You may have with RIM, including
without limitation, the terms of any click-wrap or shrink-wrap agreement that You have agreed to on RIM's website or
otherwise, or (4) You violate any code of conduct or other guidelines by which You may be governed in conjunction with
Your use of the BlackBerry Solution or any component thereof. In addition, RIM may terminate this Agreement and/or
immediately cease to provide the Service(s) without any liability whatsoever to You if RIM is prevented from providing any
portion or all of any Service by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other
governmental body, or if a notice from a government agency or department indicates either RIM or the Airtime Service
Provider is not permitted to provide any portion or all of the Airtime Services. Nothing herein shall be construed to require
RIM to seek a waiver of any law, rule, regulation, or restriction, or seek judicial review or appeal of any court order. RIM
shall not have any liability to You arising from or related to the termination of this Agreement in accordance with this
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