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-PERFORMANCE OF ANY SOFTWARE, HARDWARE, SERVICE OR ANY THIRD PARTY PRODUCTS AND SERVICES
REFERENCED HEREIN INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING DAMAGES: DIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR AGGRAVATED DAMAGES, DAMAGES
FOR LOSS OF PROFITS OR REVENUES, FAILURE TO REALISE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA,
FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN
CONJUNCTION WITH RIM PRODUCTS OR SERVICES, DOWNTIME COSTS, LOSS OF THE USE OF RIM PRODUCTS OR
SERVICES OR ANY PORTION THEREOF OR OF ANY AIRTIME SERVICES, COST OF SUBSTITUTE GOODS, COSTS OF
COVER, FACILITIES OR SERVICES, COST OF CAPITAL OR OTHER SIMILAR PECUNIARY LOSSES, WHETHER OR NOT
SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, RIM 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 HEREIN SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE
CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL
BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY
CONTAINED HEREIN; AND (B) TO RIM AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS,
SUPPLIERS (INCLUDING AIRTIME SERVICE PROVIDERS), AUTHORISED RIM DISTRIBUTORS (ALSO INCLUDING AIRTIME
SERVICE PROVIDERS) AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND INDEPENDENT CONTRACTORS.
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTOR,
EMPLOYEE, AGENT, DISTRIBUTOR, SUPPLIER, INDEPENDENT CONTRACTOR OF RIM OR ANY AFFILIATES OF RIM
HAVE ANY LIABILITY ARISING FROM OR RELATED TO THE DOCUMENTATION.
Prior to subscribing for, installing or using any Third Party Products and Services, it is your responsibility to ensure that your
airtime service provider has agreed to support all of their features. Some airtime service providers might not offer Internet
browsing functionality with a subscription to the BlackBerry
®
Internet Service. Check with your service provider for
availability, roaming arrangements, service plans and features. Installation or use of Third Party Products and Services with
RIM's products and services may require one or more patent, trademark, copyright or other licences in order to avoid
infringement or violation of third party rights. You are solely responsible for determining whether to use Third Party
Products and Services and if any third party licences are required to do so. If required you are responsible for acquiring
them. You should not install or use Third Party Products and Services until all necessary licences have been acquired. Any
Third Party Products and Services that are provided with RIM's products and services are provided as a convenience to you
and are provided "AS IS" with no express or implied conditions, endorsements, guarantees, representations or warranties
of any kind by RIM and RIM assumes no liability whatsoever, in relation thereto. Your use of Third Party Products and
Services shall be governed by and subject to you agreeing to the terms of separate licences and other agreements
applicable thereto with third parties, except to the extent expressly covered by a licence or other agreement with RIM.
Certain features outlined in this documentation require a minimum version of BlackBerry Enterprise Server, BlackBerry
Desktop Software and/or BlackBerry Device Software.
The terms of use of any RIM product or service are set out in a separate licence or other agreement with RIM applicable
thereto. NOTHING IN THIS DOCUMENTATION IS INTENDED TO SUPERSEDE ANY EXPRESS WRITTEN AGREEMENTS OR
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