Blackberry Wireless Handheld Manual page 27

Philippines
without the prior written consent of RIM. Judgment upon the award rendered by the three arbitrators may be entered in
any Court having jurisdiction thereof. Notwithstanding the foregoing, RIM has the right to institute legal or equitable
proceedings in a court of law for claims or disputes regarding: (i) amounts owed by You to RIM in connection with Your
purchase of the BlackBerry Solution or any portion thereof or Service, if applicable; and (ii) Your violation or threatened
violation of Sections 5, 6, 7, 8, 9, 10, 11 and 12 of this Agreement. Except for judicial actions for the enforcement of
arbitration awards given pursuant to the procedure set forth above, the exclusive venues for any court action between the
Parties are the court of the Province of Ontario and the State of New York. You irrevocably waive any objection on the
grounds of venue, forum non conveniens or any similar grounds and irrevocably consent to service of process by mail or in
any other manner permitted by applicable law and irrevocably consent to submit to the jurisdiction of the courts located in
the Province of Ontario or the State of New York, as the case may be, for any claims arising from or related to this
Agreement. The Parties specifically agree that, in the event that there is a dispute under this Agreement and such dispute
is to be resolved in a court of law, such dispute shall not be resolved by jury trial.
(e) Severability. If a provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability
shall not invalidate or render unenforceable the entire Agreement, but rather (unless a failure of consideration would
result therefrom) the entire Agreement shall be construed as if not containing the particular invalid or unenforceable
provision or provisions, and the rights and obligations of each Party shall be construed and enforced accordingly.
(f) Language. It is the express will of the Parties that this Agreement and all related documents be drawn up in English.
(g) Inconsistency. If there is any inconsistency between this Agreement and any software license or end user agreement
provided in the packaging of any portion of the BlackBerry Solution, the provisions of this Agreement shall apply to the
extent of the inconsistency. If there is any inconsistency between this Agreement and any software license or end user
agreement provided in connection with any upgrades or updates to the Software, the provisions of such other license or
end user agreements shall apply, to the extent of the inconsistency.
23. Entire Agreement.
This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and
cancels and supersedes any prior understandings and agreements between the Parties hereto with respect thereto. There
are no provisions, representations, undertakings, agreements, or collateral agreements between the Parties other than as
set out in this Agreement. Further You acknowledge that no statements or representations made by or on behalf of RIM
have been relied upon by You in agreeing to enter into this Agreement. This Agreement may be amended at any time upon
mutual agreement by the Parties. RIM further reserves the right to make changes to this Agreement by providing You with
reasonable notice of the change by either e-mail (as contemplated by the Notice provision above) or by posting notice of
the change at http://www.blackberry.com/legal/index.shtml. If You continue to use the Software more than sixty (60)
days after notice of the change has been given, You shall be deemed to have accepted this change.
27