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.
Planning Guide
Legal notice
20
