Blackberry Wireless Handheld Manual page 80

New Zealand
"RIM Indemnified Party") from any claims, damages, losses, or expenses (including without limitation attorney fees and
costs) incurred by a RIM Indemnified Party in connection with all claims, suits, judgments and causes of action (i) for
infringement of patents or other intellectual property or proprietary rights arising from combining with or using any
device, system or service in connection with the BlackBerry Solution or any portion thereof, (ii) for damages arising from
Your breach of Sections 5, 6, 7, 9, 10, or 12, herein, (iii) for libel, slander, defamation or infringement of copyright or other
intellectual property or proprietary right with respect to material transmitted by You using the BlackBerry Handheld
Product, (iv) for any injury, death or property damage arising in connection with the presence, use or non-use of any
portion of the BlackBerry Solution or RIM Service(s) (other than such damage to person or property (excluding data) that
directly arises from the use of the BlackBerry Handheld Product and/or Software strictly in accordance with the
"Installation and Getting Started Guide" or "Getting Started Guide" provided by RIM with the Products which specifically
pertains to such Products), or (v) for claims made by third persons against RIM arising from or related to Your use of the
Software or the BlackBerry Solution or any portion thereof (other than such claims that arise solely from the use of the
BlackBerry Handheld Product and/or Software strictly in accordance with the "Installation and Getting Started Guide" or
"Getting Started Guide" provided by RIM with the Products which specifically pertains to such Products). No remedy herein
conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as
allowed by law or in equity, but all such remedies shall be cumulative. In the event of the termination of this Agreement
pursuant to Section 14, You shall pay to RIM all attorney fees, collection fees, and related expenses, expended or incurred
by RIM in the enforcement of any right or privilege hereunder (including, but not limited to, telephone, freight, express
and postal charges, expenses of paid investigators and reasonable compensation for time of RIM's representatives).
16. Limited Warranty.
(a) Service(s). TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH OF THE RIM SERVICES IS PROVIDED "AS IS" AND
"AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND BY RIM AND RIM DOES NOT WARRANT UNINTERRUPTED USE
OR OPERATION OF ANY SERVICE, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED
FORM OR WITHIN A REASONABLE PERIOD OF TIME. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL
REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED
REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABLE QUALITY,
DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. RIM SHALL
HAVE NO LIABILITY TO YOU OF ANY KIND WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY
THROUGH RIM OR IN CONJUNCTION WITH RIM'S SERVICES. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM
WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY.
(b) Product(s). The limited warranty ("Limited Warranty"), if any, for the Product(s) is set forth in the applicable RIM user
guide. To the maximum extent permitted by law, the Limited Warranty is the exclusive warranty for any Product sold under
the terms of this Agreement and sets out Your sole remedies in respect of the Products and any breach of the Limited
Warranty. The terms of Section 22 of this Agreement are incorporated by reference into the terms of the Limited Warranty.
By indicating Your acceptance by clicking on the appropriate button below, You acknowledge that You have read the
Limited Warranty and agree to its terms.
(c) Software. In the event that during the ninety (90) day period following delivery of the Product to You (the "Warranty
Period"), the Software as shipped by RIM is not capable of performing the functions described in the Specifications (which
can be viewed at http://www.blackberry.com/legal/index.shtml), when used as specified by RIM in the Installation and
Getting Started Guide or Getting Started Guide applicable to the specific type and version of the Software, RIM will, at its
sole option and discretion either make efforts to correct or provide You with a workaround for such problem (which may be
provided in a form at RIM's reasonable discretion, including in the course of telephonic customer support provided to You,
in a generally available software fix release, or made available You at our web site) or provide You with a refund for the
one time fees paid by You for the Software if the media on which the Software was provided to You and all packaging
related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through
Your Airtime Service Provider or point of purchase) within the Warranty Period together with proof of purchase. To the
maximum extent permitted by law, the foregoing is RIM's only obligation and is Your sole and exclusive remedy for any
defects, errors, or problems You may experience related to the Software. The above obligation will not apply if the failure
of the Software to perform the functions described in the Specifications is due to: (i) use of the Software in a manner
inconsistent with any of Your obligations set out in Sections 3, 5, 6, 7, 10 and 12 of this Agreement or in a manner
inconsistent with the instructions, including the safety instructions, specified by RIM in the Installation and Getting
Started Guide or Getting Started Guide applicable to the specific type and version of the Software; or (ii) a malfunction or
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