Blackberry Wireless Handheld Manual page 74

Australia
CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY. THE
LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF
THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH
OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED
HEREIN.
(e) Despite any other provision of this Agreement, in the event the Trade Practices Act 1974 (Cth) or similar legislation
implies into this Agreement terms, conditions or warranties that cannot be lawfully excluded, such terms, conditions or
warranties will apply to this Agreement, provided that RIM's liability for a breach of any such the term, condition or
warranty (other than such a condition or warranty as to title), including for any economic or consequential loss, shall be
limited to at the option of RIM to: (A) in the case of goods, any one or more of the following: (I) the replacement of the
goods or the supply of equivalent goods; (II) the repair of the goods; (III) the payment of the cost of replacing the goods or
of acquiring equivalent goods; or (IV) the payment of the cost of having the goods repaired; and (B) in the case of services:
(I) the supplying of the services again; or (II) the payment of the cost of having the services supplied again. The parties
further acknowledge and agree that the Products are not goods ordinarily acquired for personal, domestic or household
use or consumption, and that it is fair and reasonable in all the circumstances for the liability of RIM to be so limited.
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 forgoing, 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.
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