Blackberry Wireless Handheld Manual page 51

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BLACKBERRY END USER / SOFTWARE LICENSE AGREEMENT
This BlackBerry End User / Software License Agreement (collectively the "Agreement") is a legal agreement between you
("You"), and RIM (as defined below) (together the "Parties" and individually a "Party"). BY INDICATING YOUR
ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY INSTALLING OR USING THE SOFTWARE,
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR
CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT US AT http://www.blackberry.com/legal/
index.shtml.
IF, PRIOR TO USING THE SOFTWARE, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY RETURN THE BLACKBERRY HANDHELD PRODUCT, SOFTWARE AND THE ACCOMPANYING
ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO RIM OR THE RIM AUTHORIZED
DISTRIBUTOR FROM WHOM YOU OBTAINED THE HANDHELD PRODUCT, SOFTWARE AND ACCOMPANYING ITEMS. If
You have already paid for the Software and/or the BlackBerry Handheld Product, provide us with Your proof of purchase
and we will refund the fees You have paid for these items to You.
1. Definitions.
"Airtime Service Provider" shall mean the service provider whose wireless network supports Your BlackBerry Solution. The
service providers that support the BlackBerry Solution may be found at http://www.blackberry.com/legal/index.shtml.
"BlackBerry Desktop Software" means items of the Software that are identified as being for installation and use on a single
desktop computer in conjunction with the BlackBerry Handheld Product.
"BlackBerry Enterprise Server Software" means the RIM proprietary software to be installed and used on a single server and
used in conjunction with the BlackBerry Solution. The BlackBerry Enterprise Server Software is not licensed under this
Agreement.
"BlackBerry Handheld Product" shall mean the RIM BlackBerry wireless handheld device(s) You have acquired.
"BlackBerry Solution" shall mean the Software (as defined below), a BlackBerry Handheld Product, RIM supplied
accessories and documentation, and the RIM wireless data service. You must have a subscription for airtime on a wireless
network in order to use the BlackBerry Solution and You must acquire this subscription through an Airtime Service
Provider, either directly or through RIM.
"Product" shall mean collectively the BlackBerry Handheld Product and any RIM supplied accessories for such BlackBerry
Handheld Product exclusive of any Software.
"RIM" shall mean Research In Motion Limited.
"Software" shall mean the RIM software product(s) provided under this license to You for use in conjunction with the
BlackBerry Handheld Product including any such BlackBerry Desktop Software, and RIM proprietary software products,
firmware and data residing on the BlackBerry Handheld Product at the time of purchase. The term Software includes all
such software and data, regardless of the form in which it is provided to You or the form in which You may subsequently
use it; however, except as otherwise specified herein, the term Software shall not include the BlackBerry Enterprise Server
Software or any Third Party Software, whether or not the Third Party Software accompanies, is provided with or operates in
conjunction with the Software and/or any portion of the BlackBerry Solution. Use of such software products shall be
governed by and subject to Your agreeing to the terms of separate software licenses for those products. For greater
certainty, in no event shall such separate software licenses impose any additional obligations, or obligations inconsistent
with the terms of this Agreement, upon RIM whatsoever.
"Service" shall mean any RIM service provided to You in conjunction with the BlackBerry Solution.
"Third Party Software" means software applications proprietary to a third party but shall not include software licensed by
RIM from a third party for incorporation into a RIM software product and distribution as an integral part of that RIM
software product under a RIM brand.
2. Agreement to Supply Product(s) and Service(s) and to License Software.
You acknowledge that You are supplied with the BlackBerry Solution and any additional RIM accessories or Service(s) that
You order conditional upon Your acceptance of the terms and conditions herein, Your payment of the required purchase
price and license fees, Your commitment to pay all applicable monthly or other periodic fees or costs, and any additional
terms and conditions that You agree to be bound by from time to time.
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