Force Majeure - Blackberry Wireless Handheld Manual

Hong Kong
as billing requirements. Any information that You provide to RIM may be used or disclosed by RIM only in accordance with
RIM's privacy policy, which may be viewed at http://www.blackberry.com/legal/index.shtml. RIM reserves the right to
modify its privacy policy from time to time in its discretion. If information is disclosed to the Airtime Service Provider to
facilitate the provision of the BlackBerry Solution, Product(s) or Service(s) to You, the Airtime Service Provider's privacy
policy will be applicable. If you are a resident of the Hong Kong Special Administrative Region of the People's Republic of
China, you agree that RIM may process, transmit and disclose any "personal data" (as defined in the Personal Data
(Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong)), including transmission of such information to the United
States of America/Canada or any other country or countries nominated by RIM, provided by you to RIM solely for the
purposes set out herein.
19. Assignment and Delegation.
RIM may assign this Agreement without notice to You. You shall not assign this Agreement without the prior written
consent of RIM (such consent may be withheld or conditioned at RIM's discretion) and any assignment without RIM's
prior written consent shall be null and void and of no effect. RIM may perform all obligations to be performed under this
Agreement directly or may have some or all obligations performed by its contractor or subcontractors, and/or in the case
of Airtime Services, by the Airtime Service Provider or its subsidiaries or affiliates.
20. Notices.
Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have
been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid,
certified mail, return receipt requested, and addressed to You at the billing address supplied to RIM by You, and addressed
to Research In Motion Limited, 295 Phillip Street, Waterloo, Ontario, Canada, N2L 3W8, with a copy (which shall not
constitute notice) to RIM's General Counsel at the same address. In addition to the forgoing, RIM may, at its option, give
You any notice under this Agreement by email. Notice to You by email shall be deemed to have been duly given when
transmitted to an email address furnished by You to RIM.

21. Force Majeure.

Notwithstanding any other provision of this Agreement, neither Party shall be deemed in default of this Agreement for
failure to fulfill its obligations when due to causes beyond its reasonable control (including without limitation, if Airtime
Services are provided to You through RIM by an Airtime Service Provider, and such Airtime Service Provider ceases to
provide Airtime Services to RIM on commercially reasonable terms). This provision shall not be construed as excusing
nonperformance of any obligation by either Party to make payment to the other Party under this Agreement.
22. General.
(a) No Third Party Beneficiaries. Except as otherwise specifically stated in this Agreement, the provisions herein are for the
benefit of the Parties and not for any other person or entity.
(b) Waivers of Default. Waiver by either Party of any default by the other Party shall not be deemed a continuing waiver of
such default or a waiver of any other default.
(c) Survival. The terms, conditions and warranties contained in this Agreement that by their sense and context are
intended to survive the performance hereof by either or both Parties shall so survive the completion of performance,
cancellation or termination of this Agreement.
(d) Governing Law and Dispute Resolution. If You reside in Canada and the Software is shipped or delivered to You in any
format in Canada, this Agreement is to be construed under the laws of the Province of Ontario. Otherwise, this Agreement
is to be construed under the laws of the State of New York, excluding any body of law governing conflicts of law. The
Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its
entirety from application to this Agreement. Any disagreement or dispute arising out of or relating to this Agreement, or
the breach thereof which the Parties are unable to resolve after good faith negotiations, shall be submitted first to the
upper management level of the Parties. The Parties, through their upper management level representatives shall meet
within thirty (30) days of the dispute being referred to them and if the Parties are unable to resolve such disagreement or
dispute within thirty (30) days of meeting, such disagreement or dispute shall be settled by final and binding arbitration
to be conducted in Ontario, Canada in accordance with the Commercial Rules of the American Arbitration Association.
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
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