Blackberry Wireless Handheld Manual page 81

New Zealand
other problem related to any hardware, network, software or communication system other than the BlackBerry Solution or
BlackBerry Enterprise Server Software; or (iii) to any external causes affecting the Software, including the media upon
which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, or
correction of errors attributable to software other than the Software. The Software may include Sun Microsystems, Inc.
("Sun") Java code. To the maximum extent permitted by law, any such code is provided to You "AS IS" and at no charge
with no representations, warranties or conditions either express or implied, including without limitation any warranties or
conditions of merchantability, quality, performance, fitness for a particular purpose, durability, title or non-infringement
and in no event shall either RIM or Sun be liable to You for any damages whatsoever, including without limitation any
direct, indirect, consequential, punitive, exemplary damages, arising out of in relation to the provision of the Sun Java code
as part of the Software, its performance or lack of performance, even if RIM or Sun has been advised of the possibility of
such damages. You acknowledge that this limitation and exclusion is reasonable given that this code is provided at no
charge. To the maximum extent permitted by law, this paragraph sets out Your sole remedies in respect of the Software
and any breach of the warranty set out herein.
17. Limitation of Liability.
To the maximum extent permitted by law, the only type of damages that can be recovered against RIM arising from or
related to this Agreement including without limitation in relation to the provision, use, performance or non-performance of
the BlackBerry Solution or any portion thereof, shall be Your direct damages, if any, and without expanding on the specific
remedies set out in Section 16 above (i) in no event shall the aggregate liability of RIM exceed the amount paid by You for
the BlackBerry Product(s), and/or for that portion of the Software (as the case may be) that gave rise to the claim, and (ii)
RIM shall only be liable for damages incurred during the period of such failure, delay or nonperformance of the BlackBerry
Solution. RIM SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR
THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF ANY SERVICE OR PRODUCT.
EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN
NO EVENT SHALL RIM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS
PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR CORRUPTION OR LOSS OF
DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN
CONJUNCTION WITH THE SOFTWARE, DOWNTIME COSTS, LOSS OF THE USE OF THE BLACKBERRY SOLUTION, OR ANY
ASSOCIATED PRODUCTS, COST OF SUBSTITUTE GOODS, FACILITIES, OR SERVICES, COST OF CAPITAL, OR OTHER
PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE
FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SOFTWARE OR
ANY THIRD PARTY SOFTWARE, EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, TITLE AND ANY OTHER IMPLIED WARRANTY OR CONDITION ARISING BY STATUTE OR
CUSTOM OR USAGE OF TRADE RELATED TO THE SERVICES AND THE BLACKBERRY SOLUTION OR ANY PORTION
THEREOF. The limited warranties set out in this Agreement give You specific legal rights. You may also have other rights
that vary by state or province. Some jurisdictions may not allow the exclusion or limitation of implied warranties and
conditions. To the extent permitted by law, any implied warranties or conditions relating to the Software to the extent they
cannot be excluded as set out above are limited to 90 days from the date You first installed any portion of the BlackBerry
Solution on any computer. In the event the New Zealand Consumer Guarantees Act 1993 (the "Act") or similar legislation
implies into this Agreement terms, conditions, guarantees or warranties that cannot be lawfully excluded, such terms,
conditions, guarantees or warranties will apply to this Agreement, provided that RIM's liability for a breach of any such
term, condition, guarantee or warranty, including for any economic or consequential loss, shall be limited to those
remedies available to You under the Act. If You are acquiring or have indicated to RIM that You are acquiring any good or
service to which this Agreement applies for the purpose of a business (as defined in the Act) or for re-supply in trade, You
acknowledge and agree that the provisions of the Act will not apply.
RIM SHALL BE LIABLE TO YOU ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT BUT, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN
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,
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