Blackberry Wireless Handheld Manual page 89

Philippines
OR WRONGFUL DEATH DAMAGES) 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. 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 (INCLUDING
NEGLIGENCE) 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, TO ALL DOCUMENTATION AND TO ANY FIRMWARE RESIDING ON THE BLACKBERRY HARDWARE IS SET
FORTH IN THE LICENSE AGREEMENT.
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 Philippines. 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 London, England by a single arbitrator in accordance with the Arbitration Rules of the United Nations
Commission on International Trade. 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 provision 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 provision or
provisions, 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 and 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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