Blackberry Wireless Handheld Manual page 61

Software license agreement and warranty booklet
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3. Title to Product(s) and Right To Use Software.
You shall not obtain title and/or any right of possession to the Product(s) sold to You until You pay all amounts due for
such Product(s). Your license to use the Software is conditional upon payment of all license fees due hereunder to RIM
and, if applicable, to Your Airtime Service Provider. If any monthly or other periodic fees or costs associated with Your use
of the BlackBerry Solution or the Services are not paid when due, it shall constitute a breach of this license entitling RIM
to terminate Your license to use the Software under Section 14 below. For greater certainty, this Agreement does not
constitute a sale of the Software or any portion thereof to You.
4. Email System.
Except as the Parties specifically agree in writing, You shall be solely responsible for the selection, implementation, and
performance of any and all third party equipment, software and telecommunication equipment and services (including
without limitation, Internet email connectivity and airtime services used in connection with the BlackBerry Solution) used
in association with the BlackBerry Solution. You are responsible for ensuring that the email system and computer with
which You choose to operate the BlackBerry Solution meets RIM's minimum standards for interoperability, including,
without limitation, processing speed, memory requirements, the choice of email server and client software and the use of
dedicated Internet access for accessing Internet email.
5. S/MIME Support.
The Software includes an add-on software module to allow users to extend their existing desktop-based S/MIME v.3 (or
greater) implementations wirelessly to BlackBerry Handheld Products. RIM does not provide any portion of the public key
infrastructure based on S/MIME v.3 or greater or any other encryption process, including without limitation any S/MIME
software or certification services. RIM takes no responsibility for the selection, acquisition, implementation, performance or
non-performance of any portion of Your public key infrastructure, including without limitation the selection, accuracy or
reliability of the S/MIME software (including without limitation the Entrust code included in the Software to enable the
operation of certain public key infrastructures), or any third party certificates and related services used in conjunction with
the public key infrastructure. RIM is not responsible for any acts or omissions of any certificate authorities. You must ensure
that Your desktop-based S/MIME v.3 or greater implementation, including any updates or upgrades to such
implementation, meets RIM's minimum standards for interoperability and compatibility set out in the relevant user
documentation supplied by RIM and that Your usage of the Software conforms to the installation and usage
documentation provided by RIM in conjunction with, and applicable to, such version of Software. You are also responsible
for ensuring that You comply with any terms and conditions, rules and regulations respecting Your use of the public key
infrastructure, certificates, and any other services or software You may use in conjunction with Your S/MIME v.3
implementation. Notwithstanding any other provision in this Agreement, except as provided for in the warranty set out
herein, or as otherwise specifically required by law, RIM has no liability with respect to the S/MIME Support Software
module, and in particular, RIM HAS NO LIABILITY WHATSOEVER FOR ANY ISSUE ARISING FROM OR RELATING TO YOUR
S/MIME IMPLEMENTATION OR ANY UPDATES OR UPGRADES THERETO.
6. Use of BlackBerry Solution.
You agree that:
(a) You and anyone obtaining access to the BlackBerry Solution through You will only use the BlackBerry Solution and any
component thereof, including the BlackBerry Handheld Product and the Software, in accordance with this Agreement and
the appropriate "Installation and Getting Started Guide" or "Getting Started Guide" provided by RIM for use in
conjunction with the BlackBerry Solution or portion thereof;
(b) You and anyone obtaining access to the BlackBerry Solution through You will only use the BlackBerry Solution and any
component thereof in accordance with the Limited Warranty (as defined herein);
(c) You are, and anyone obtaining access to the BlackBerry Solution through You is, over the age of majority and will
comply with Your obligations under this Agreement and will comply with all applicable laws and regulations respecting
the use of the BlackBerry Solution and Services;
(d) You will ensure that any information that is provided to RIM pursuant to this Agreement is true, accurate, current and
complete;
(e) You will be responsible for all activities with respect to the BlackBerry Solution and Services undertaken by You or
undertaken by anyone who has access to the BlackBerry Solution through You;
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