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
RIM Confidential and Proprietary Information - Internal Use Only
44
