Blackberry Wireless Handheld Manual page 56

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network, software or communication system other than the BlackBerry Solution or BlackBerry Enterprise Server Software; or
(iii) to any external causes affecting the Software, including the media upon which the Software is provided, such as
accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, or correction of errors attributable to
software other than the Software. The Software may include Sun Microsystems, Inc. ("Sun") Java code. Any such code is
provided to You "AS IS" and at no charge with no representations, warranties or conditions either express or implied,
including without limitation any warranties or conditions of merchantability, quality, performance, fitness for a particular
purpose, durability, title or non-infringement. In no event shall either RIM or Sun be liable to You for any damages
whatsoever, including without limitation any direct, indirect, consequential, punitive, exemplary damages, arising out of in
relation to the provision of the Sun Java code as part of the Software, its performance or lack of performance, even if RIM
or Sun has been advised of the possibility of such damages. You acknowledge that this limitation and exclusion is
reasonable given that this code is provided at no charge. This paragraph sets out Your sole remedies in respect of the
Software and any breach of the warranty set out herein.
17. Limitation of Liability.
The only type of damages that can be recovered against RIM arising from or related to this Agreement including without
limitation in relation to the provision, use, performance or non-performance of the BlackBerry Solution or any portion
thereof, shall be Your direct damages, if any, and without expanding on the specific remedies set out in Section 16 above
(i) in no event shall the aggregate liability of RIM exceed the amount paid by You for the BlackBerry Product(s), and/or for
that portion of the Software (as the case may be) that gave rise to the claim, and (ii) RIM shall only be liable for damages
incurred during the period of such failure, delay or nonperformance of the BlackBerry Solution. RIM SHALL HAVE NO
LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS
OR CONTINUED AVAILABILITY OF ANY SERVICE OR PRODUCT.
EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN
NO EVENT SHALL RIM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS
PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR CORRUPTION OR LOSS OF
DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN
CONJUNCTION WITH THE SOFTWARE, DOWNTIME COSTS, LOSS OF THE USE OF THE BLACKBERRY SOLUTION, OR ANY
ASSOCIATED PRODUCTS, COST OF SUBSTITUTE GOODS, FACILITIES, OR SERVICES, COST OF CAPITAL, OR OTHER
PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE
FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SOFTWARE OR
ANY THIRD PARTY SOFTWARE, EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RIM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND ANY OTHER IMPLIED
WARRANTY OR CONDITION ARISING BY STATUTE OR CUSTOM OR USAGE OF TRADE RELATED TO THE SERVICES AND
THE BLACKBERRY SOLUTION OR ANY PORTION THEREOF. IN THE EVENT THAT THE SALE OF GOODS ACT 1930 OR
SIMILAR LEGISLATION IMPLIES INTO THIS LIMITED WARRANTY TERMS, CONDITIONS OR WARRANTIES THAT CANNOT
BE LAWFULLY EXCLUDED, SUCH TERMS WILL APPLY TO THIS LIMITED WARRANTY, PROVIDED THAT RIM'S LIABILITY
FOR A BREACH OF ANY SUCH TERM, CONDITION OR WARRANTY, INCLUDING FOR ANY ECONOMIC OR
CONSEQUENTIAL LOSS SHALL BE LIMITED TO THE LESSER OF: (A) LIMITATION OF LIABILITY PERMITTED UNDER THIS
LIMITED WARRANTY; AND (B) THE MAXIMUM EXTENT PERMITTED BY LAW. NEITHER RIM NOR ANY RIM SOLUTION
PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU AND YOU HEREBY WAIVE ANY INDIRECT, ECONOMIC, SPECIAL,
COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS OR A FAILURE TO
REALIZE EXPECTED SAVINGS AND THE LIKE AND PERSONAL INJURY OR WRONGFUL DEATH DAMAGES) ARISING
FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE BLACKBERRY HARDWARE, EVEN IF RIM OR A
RIM SOLUTION PROVIDER ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO
APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT
IN AN ACTION OR CLAIM SOUNDING IN TORT (INCLUDING NEGLIGENCE) OR CONTRACT, OR UNDER WARRANTY, OR
UNDER ANY OTHER LAW OR FORM OF ACTION. ANY EXTERNAL BATTERIES PROVIDED WITH THE BLACKBERRY
HARDWARE ARE PROVIDED "AS IS" OR ARE SUBJECT TO THE LIMITED WARRANTY SPECIFICALLY APPLICABLE TO
SUCH BATTERIES, IF ANY, AND ANY SIM CARDS PROVIDED WITH THE BLACKBERRY HARDWARE ARE PROVIDED AS IS,
AND NEITHER EXTERNAL BATTERIES NOR SIM CARDS ARE, FOR PURPOSES OF THIS WARRANTY, PART OF THE
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