Entire Agreement - Blackberry Wireless Handheld Manual

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within thirty (30) days of the dispute being referred to them and if the Parties are unable to resolve such disagreement or
dispute within thirty (30) days of meeting, such disagreement or dispute shall be settled by final and binding arbitration
to be conducted in Ontario, Canada in accordance with the Commercial Rules of the American Arbitration Association.
Each of the Parties shall appoint one arbitrator, and the two arbitrators shall jointly appoint a third arbitrator. Each Party
shall bear one half of the costs associated with the arbitration proceedings. No dispute between the Parties, or involving
any person but You, may be joined or combined together, 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. 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 irrevocable
consent and attorn 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 section, clause, provision, sentence or part thereof 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 section, clause, provision, sentence or part thereof 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.
C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés
en anglais.
(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.
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