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DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-
INFRINGEMENT, SATISFACTORY QUALITY OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR
USAGE OF TRADE, OR RELATED TO THE DOCUMENTATION OR ITS USE, OR PERFORMANCE OR NON-PERFORMANCE OF ANY
SOFTWARE, HARDWARE, SERVICE OR ANY THIRD PARTY PRODUCTS AND SERVICES REFERENCED HEREIN, ARE HEREBY
EXCLUDED. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR PROVINCE. SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES AND CONDITIONS. TO THE EXTENT PERMITTED BY LAW, ANY
IMPLIED WARRANTIES OR CONDITIONS RELATING TO 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 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
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