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THE DOCUMENTATION TO THE EXTENT THEY CANNOT BE EXCLUDED AS SET OUT ABOVE, BUT CAN BE LIMITED, ARE HEREBY LIMITED
TO NINETY (90) DAYS FROM THE DATE YOU FIRST ACQUIRED THE DOCUMENTATION OR THE ITEM THAT IS THE SUBJECT OF THE
CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT SHALL RIM BE LIABLE FOR ANY
TYPE OF DAMAGES RELATED TO THIS DOCUMENTATION OR ITS USE, OR PERFORMANCE OR NON-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 REALIZE 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), AUTHORIZED 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 licenses 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 licenses 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 licenses 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 licenses and other agreements applicable thereto with third parties, except to the extent
expressly covered by a license 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.
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