Blackberry Wireless Handheld Manual page 66

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18. Consent to Collection of Information.
By submitting personal information to RIM pursuant to this Agreement, including without limitation Your name, address
and telephone number, You consent to the collection, processing, transmission and disclosure of such information by RIM
for the purposes of RIM's internal use and specifically the purposes for which such information has been requested, such
as billing requirements. Any information that You provide to RIM may be used or disclosed by RIM only in accordance with
RIM's privacy policy, which may be viewed at http://www.blackberry.com/legal/index.shtml. RIM reserves the right to
modify its privacy policy from time to time in its discretion. If information is disclosed to the Airtime Service Provider to
facilitate the provision of the BlackBerry Solution, Product(s) or Service(s) to You, the Airtime Service Provider's privacy
policy will be applicable.
19. Assignment and Delegation.
RIM may assign this Agreement without notice to You. You shall not assign this Agreement without the prior written
consent of RIM (such consent may be withheld or conditioned at RIM's discretion) and any assignment without RIM's prior
written consent shall be null and void and of no effect. RIM may perform all obligations to be performed under this
Agreement directly or may have some or all obligations performed by its contractor or subcontractors, and/or in the case
of Airtime Services, by the Airtime Service Provider or its subsidiaries or affiliates.
20. Notices.
Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have
been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid,
certified mail, return receipt requested, and addressed to You at the billing address supplied to RIM by You, and addressed
to Research In Motion Limited, 295 Phillip Street, Waterloo, Ontario, Canada, N2L 3W8, with a copy (which shall not
constitute notice) to RIM's General Counsel at the same address. In addition to the foregoing, RIM may, at its option, give
You any notice under this Agreement by email. Notice to You by email shall be deemed to have been duly given when
transmitted to an email address furnished by You to RIM.
21. Force Majeure.
Notwithstanding any other provision of this Agreement, neither Party shall be deemed in default of this Agreement for
failure to fulfill its obligations when due to causes beyond its reasonable control (including without limitation, if Airtime
Services are provided to You through RIM by an Airtime Service Provider, and such Airtime Service Provider ceases to
provide Airtime Services to RIM, or ceases to provide Airtime Services to RIM on commercially reasonable terms). This
provision shall not be construed as excusing nonperformance of any obligation by either Party to make payment to the
other Party under this Agreement.
22. General.
(a) No Third Party Beneficiaries. Except as otherwise specifically stated in this Agreement, the provisions herein are for the
benefit of the Parties and not for any other person or entity.
(b) Waivers of Default. Waiver by either Party of any default by the other Party shall not be deemed a continuing waiver of
such default or a waiver of any other default.
(c) Survival. The terms, conditions and warranties contained in this Agreement that by their sense and context are
intended to survive the performance hereof by either or both Parties shall so survive the completion of performance,
cancellation or termination of this Agreement.
(d) Governing Law and Dispute Resolution. Except as otherwise expressly stated herein, this Agreement is to be construed
under the laws of the Province of Ontario, Canada. The Parties agree that the United Nations Convention on Contracts for
the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. Any disagreement or
dispute arising out of or relating to this Agreement, or the breach thereof which the Parties are unable to resolve after
good faith negotiations, shall be submitted first to the upper management level of the Parties. The Parties, through their
upper management level representatives shall meet 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 Conciliation and Arbitration of the International Chamber of Commerce. 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
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