Blackberry Wireless Handheld Manual page 78

New Zealand
(g) You will ensure that the use of the Products, Services and the Software including without limitation the use thereof
with any other software, application, or data and the transmission of data using the Software, does not interfere with,
degrade, or adversely affect any software, system, network or data used by any person including RIM and other customers
of RIM and You will not use or allow any person to use the Products, Services or Software in a way that has a detrimental
affect upon RIM, its customers or its products or services;
(h) You and anyone obtaining access to the Products, Services or Software through You will not transmit harassing,
abusive, libelous, illegal or deceptive messages or information;
(i) You and anyone obtaining access to the Products, Services or Software through You will not use the Products, Services
or Software to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious
acts;
(j) You will not sell or transfer, or attempt to sell or transfer, the Software or any part thereof, or Your entitlement to use
the Services or any part thereof, to any other handheld device or person, without the written permission of RIM; and
(k) You will cooperate with RIM and provide information requested by RIM to assist RIM in investigating or determining
whether there has been a breach of this Section 6 or any other provision of this Agreement and provide RIM with access to
the premises and computers where the Products, Services or Software are or have been used.
7. Software License.
Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-
transferable license to install and use one copy of the Software residing on the BlackBerry Handheld Product and one copy
of the BlackBerry Desktop Software residing on no more than one personal computer residing on Your premises solely in
conjunction with Your use of a single BlackBerry Handheld Product. You may not use or allow the use of the Software
other than for Your own internal or personal purposes. This license does not imply any rights to future upgrades or updates
of the Software. However, if RIM does provide You with any upgrades or updates to the Software, either directly or through
Your Airtime Service Provider, such updates or upgrades shall be subject to the terms and conditions of this Agreement or
such agreement, if any, which accompanies such upgrades or updates, and may be subject to additional payments. You
may not print, copy, reproduce, distribute, modify or in any other manner duplicate the Software, in whole or in part. For
the purposes of this provision "copy or reproduce" shall not include copying of statements and instructions of the Software
that naturally occurs during normal program execution when used in accordance with and for the purposes described in
the user documentation or in the course of making unmodified regular backups of the computer or system on which the
Software is installed, in accordance with industry standard business practices. You may not copy any written materials
accompanying any portion of the Software unless specifically authorized in writing to do so by RIM.
8. Services.
Airtime services offered for use with the BlackBerry Solution ("Airtime Services") are provided to You by an Airtime Service
Provider and shall be subject to the terms and conditions of such Airtime Service Provider pertaining to the Airtime
Services. RIM SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH
YOU, FOR ANY ISSUE RELATING TO THE AIRTIME SERVICES, INCLUDING WITHOUT LIMITATION, THE ACCURACY,
TIMELINESS OR CONTINUED AVAILABILITY OF SUCH AIRTIME SERVICES.
9. Intellectual Property.
You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks,
copyright or rights in any confidential information or trade secrets, in or relating to the BlackBerry Solution or any part
thereof. You also do not acquire any rights in or related to the BlackBerry Solution or any component thereof, other than
the rights expressly licensed to You under this Agreement or in another mutually agreed upon, written agreement that You
may have with RIM. Any grants not expressly granted herein are reserved. The Software is only licensed to You as expressly
set out herein, and it and all associated documentation is protected by Canadian, U.S. and international copyright and
patent laws and international treaty provisions. There are severe penalties both civil and criminal for intellectual property
infringement.
10. Export Restrictions; U.S. Government Rights.
You acknowledge that the Software includes encryption software that may be controlled for import, export or purposes
under the laws and regulations of the country(ies) and/or territory(ies) in which the Software is used ("Applicable Law"). In
particular, You acknowledge that the Software is of Canadian origin, is subject to Canadian laws and regulations, and may
78