Blackberry Wireless Handheld Manual page 87

Singapore
AND THE LIKE) ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE BLACKBERRY
HARDWARE, EVEN IF RIM OR A RIM SOLUTION PROVIDER ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO LOCAL LAW, RIM DISCLAIMS AND EXCLUDES ALL OBLIGATIONS DUTIES OR LIABILITY RESULTING FROM
RIM'S NEGLIGENCE.
THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE
CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT OR CONTRACT, OR UNDER
WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. ANY EXTERNAL BATTERIES PROVIDED WITH THE
BLACKBERRY HARDWARE ARE PROVIDED "AS IS" OR ARE SUBJECT TO THE LIMITED WARRANTY SPECIFICALLY
APPLICABLE TO SUCH BATTERIES, IF ANY, AND ANY SIM CARDS PROVIDED WITH THE BLACKBERRY HARDWARE ARE
PROVIDED AS IS, AND NEITHER EXTERNAL BATTERIES NOR SIM CARDS ARE, FOR PURPOSES OF THIS WARRANTY,
PART OF THE BLACKBERRY HARDWARE. YOU ASSUME THE RISK OF USING ANY ACCESSORY NOT PROVIDED AS PART
OF THE BLACKBERRY SOLUTION.
IN NO EVENT SHALL RIM'S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR
BEHALF EXCEED THE PURCHASE PRICE OF THE BLACKBERRY HARDWARE YOU PURCHASED OR THE COST OF
REPAIRING OR REPLACING THE BLACKBERRY HARDWARE, WHICHEVER IS GREATER. THE LIMITED WARRANTY WITH
RESPECT TO THE BLACKBERRY DESKTOP SOFTWARE, ALL DOCUMENTATION AND ANY FIRMWARE RESIDING ON THE
BLACKBERRY HARDWARE IS SET FORTH IN THE LICENSE AGREEMENT.
YOU agree and acknowledge that RIM's exclusions and limitations of liability are reasonable in the circumstances and that
the price of the BlackBerry Hardware would be increased if such exclusions and limitations were not enforceable.
This Limited Warranty gives YOU specific legal rights, and YOU may also have other rights that vary depending on the
applicable state, province or country. Some states, provinces or countries may not allow the exclusion of limitation of
incidental or consequential damages, may not allow limitations on how long an implied warranty or condition lasts, or
allow provisions that permit the warranty to be voided. Thus, some of the above limitations or exclusions may not apply to
YOU.
Waiver by RIM of any default will not be deemed a continuing waiver of such default or a waiver of any other default.
This Limited Warranty is to be construed under the laws of the State of New York, excluding any body of law governing
conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its
entirety from application to this Limited Warranty. Any disagreement or dispute arising out of or relating to this Limited
Warranty shall be settled by final and binding arbitration to be conducted in Singapore in accordance with the Arbitration
Rules of the Singapore Arbitration Center for the time being in force which rules are deemed to be incorporated by
reference into this clause. The law of arbitration shall be the Singapore International Arbitration Act (Cap. 143A). No
dispute between the parties, or involving any person but YOU, may be joined or combined together, without the prior
written consent of RIM.
If a section, provision, clause, sentence or part thereof of this Limited Warranty is held to be invalid or unenforceable, such
invalidity or unenforceability shall not invalidate or render unenforceable the entire Limited Warranty, but rather (unless a
failure of consideration would result therefrom) the Limited Warranty shall be construed as if not containing the particular
invalid or unenforceable section, clause, provision, sentence or part thereof and the rights and obligations of each party
shall be construed and enforced accordingly.
It is the express will of the parties that this Limited Warranty that any and all related documents be drawn up in English.
If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of the BlackBerry
Hardware, the provisions of this Limited Warranty shall apply to the extent of such inconsistency.
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