Blackberry Wireless Handheld Manual page 83

New Zealand
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 joined or combined together, without the prior written consent of RIM. Judgment upon the award
rendered by the three arbitrators may be entered in any Court having jurisdiction thereof. Notwithstanding the foregoing,
RIM has the right to institute legal or equitable proceedings in a court of law for claims or disputes regarding: (i) amounts
owed by You to RIM in connection with Your purchase of the BlackBerry Solution or any portion thereof or Service, if
applicable; and (ii) Your violation or threatened violation of Sections 5, 6, 7, 8, 9, 10, 11 and 12 of this Agreement. You
irrevocably waive any objection on the grounds of venue, forum non convenience or any similar grounds and irrevocably
consent to service of process by mail or in any other manner permitted by applicable law and irrevocable consent and
attorn to the jurisdiction of the courts located in the Province of Ontario for any claims arising from or related to this
Agreement. The Parties specifically agree that, in the event that there is a dispute under this Agreement and such dispute
is to be resolved in a court of law, such dispute shall not be resolved by jury trial.
(e) Severability. If a provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability
shall not invalidate or render unenforceable the entire Agreement, but rather (unless a failure of consideration would
result therefrom) the entire Agreement shall be construed as if not containing the particular invalid or unenforceable
provision or provisions, and the rights and obligations of each Party shall be construed and enforced accordingly.
(f) Language. It is the express will of the Parties that this Agreement and all related documents be drawn up in English.
(g) Inconsistency. If there is any inconsistency between this Agreement and any software license or end user agreement
provided in the packaging of any portion of the BlackBerry Solution, the provisions of this Agreement shall apply to the
extent of the inconsistency. If there is any inconsistency between this Agreement and any software license or end user
agreement provided in connection with any upgrades or updates to the Software, the provisions of such other license or
end user agreements shall apply, to the extent of the inconsistency.
23. Entire Agreement.
This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and
cancels and supersedes any prior understandings and agreements between the Parties hereto with respect thereto. There
are no provisions, representations, undertakings, agreements, or collateral agreements between the Parties other than as
set out in this Agreement. Further You acknowledge that no statements or representations made by or on behalf of RIM
have been relied upon by You in agreeing to enter into this Agreement. This Agreement may be amended at any time
upon mutual agreement by the Parties. RIM further reserves the right to make changes to this Agreement by providing
You with reasonable notice of the change by either e-mail (as contemplated by the Notice provision above) or by posting
notice of the change at http://www.blackberry.com/legal/index.shtml. If You continue to use the Software more than
sixty (60) days after notice of the change has been given, You shall be deemed to have accepted this change.
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