Blackbe;rry Blackberry wireless handheld User manual

BlackBerry Wireless Handheld

Software License Agreement and Warranty Booklet

软件许可协议和担保小册子

Buklet Perjanjian Lisensi dan Garansi Perangkat Lunak

BlackBerry Wireless Handheld

Software License Agreement and Warranty Booklet (for Asia/Pacific)

软件许可协议和担保小册子

Buklet Perjanjian Lisensi dan Garansi Perangkat Lunak

Last revised: 12 November 2004

Part number: MAT-07612-003

Print specification: PRINTSPEC-002

images and symbols are the exclusive properties and trademarks of Research In Motion Limited. RIM,

Research In Motion, 'Always On, Always Connected' and BlackBerry are registered with the U.S. Patent and

Trademark Office and may be pending or registered in other countries. All other brands, product names,

company names, trademarks, and service marks are the properties of their respective owners.

The BlackBerry handheld and/or associated software are protected by copyright, international treaties, and

various patents, including one or more of the following U.S. patents: 6,278,442; 6,271,605; 6,219,694;

6,075,470; 6,073,318; D445,428; D433,460; D416,256. Other patents are registered or pending in various

countries around the world. Visit www.rim.com/patents.shtml for a current listing of applicable patents.

While every effort has been made to ensure technical accuracy, information in this document is subject to

change without notice and does not represent a commitment on the part of Research In Motion Limited, or

any of its subsidiaries, affiliates, agents, licensors, or resellers. There are no warranties, express or implied,

with respect to the content of this document.

Research In Motion Limited

295 Phillip Street

Waterloo, ON N2L 3W8

Canada

Research In Motion UK Limited

Centrum House, 36 Station Road

Egham, Surrey TW20 9LF

United Kingdom

Published in XXXXX

Hong Kong

BLACKBERRY END USER / SOFTWARE LICENSE AGREEMENT

This BlackBerry End User / Software License Agreement (collectively the “Agreement”) is a legal agreement between you

(“You”), and RIM (as defined below) (together the “Parties” and individually a “Party”). BY INDICATING YOUR

ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY INSTALLING OR USING THE SOFTWARE,

YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR

CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT US AT HTTP://WWW.BLACKBERRY.COM/

LEGAL/INDEX.SHTML.

IF, PRIOR TO USING THE SOFTWARE, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS

AGREEMENT, PROMPTLY RETURN THE BLACKBERRY HANDHELD PRODUCT, SOFTWARE AND THE ACCOMPANYING

ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO RIM OR THE RIM-AUTHORIZED

DISTRIBUTOR FROM WHOM YOU OBTAINED THE HANDHELD PRODUCT, SOFTWARE AND ACCOMPANYING ITEMS. If

You have already paid for the Software and/or the BlackBerry Handheld Product, provide us with Your proof of purchase

and we will refund the fees You have paid for these items to You.

1. Definitions.

“Airtime Service Provider” shall mean the service provider that supports the BlackBerry Solution from whom You subscribe

for airtime services. The service providers that support the BlackBerry Solution may be found at http://

www.blackberry.com/legal/index.shtml.

“BlackBerry Desktop Software” means items of the Software that are identified as being for installation and use on a single

desktop computer in conjunction with the BlackBerry Handheld Product.

“BlackBerry Enterprise Server Software” means the RIM proprietary software to be installed and used on a single server and

used in conjunction with the BlackBerry Solution. The BlackBerry Enterprise Server Software is not licensed under this

Agreement.

“BlackBerry Handheld Product” shall mean the RIM BlackBerry wireless handheld device(s) You have acquired.

“BlackBerry Solution” shall mean the Software (as defined below), a BlackBerry Handheld Product, RIM supplied

accessories and documentation, and the RIM wireless data service. You must have a subscription for airtime on a wireless

network in order to use the BlackBerry Solution and You must acquire this subscription through an Airtime Service

Provider, either directly or through RIM.

“Product” shall mean collectively the BlackBerry Handheld Product and any RIM supplied accessories for such BlackBerry

Handheld Product exclusive of any Software.

“RIM” shall mean Research In Motion Limited.

“Software” shall mean the RIM software product(s) provided under this license to You for use in conjunction with the

BlackBerry Handheld Product including any such BlackBerry Desktop Software, and RIM proprietary software products,

firmware and data residing on the BlackBerry Handheld Product at the time of purchase. The term Software includes all

such software and data, regardless of the form in which it is provided to You or the form in which You may subsequently

use it; however, except as otherwise specified herein, the term Software shall not include the BlackBerry Enterprise Server

Software or any Third Party Software, whether or not the Third Party Software accompanies, is provided with or operates in

conjunction with the Software and/or any portion of the BlackBerry Solution. Use of such software products shall be

governed by and subject to Your agreeing to the terms of separate software licenses for those products. For greater

certainty, in no event shall such separate software licenses impose any additional obligations, or obligations inconsistent

with the terms of this Agreement, upon RIM whatsoever.

“Service” shall mean any RIM service provided to You in conjunction with the BlackBerry Solution.

“Third Party Software” means software applications proprietary to a third party but shall not include software licensed by

RIM from a third party for incorporation into a RIM software product and distribution as an integral part of that RIM

software product under a RIM brand.

2. Agreement to Supply Product(s) and Service(s) and to License Software.

You acknowledge that You are supplied with the BlackBerry Solution and any additional RIM accessories or Service(s) that

You order are conditional upon Your acceptance of the terms and conditions herein, Your payment of the required

purchase price and license fees, Your commitment to pay all applicable monthly or other periodic fees or costs, and any

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additional terms and conditions that You agree to be bound by from time to time.

3. Title to Product(s) and Right To Use Software.

You shall not obtain title and/or any right of possession to the Product(s) sold to You until You pay all amounts due for

such Product(s). Your license to use the Software is conditional upon payment of all license fees due hereunder to RIM

and, if applicable, to Your Airtime Service Provider. If any monthly or other periodic fees or costs associated with Your use

of the BlackBerry Solution or the Services are not paid when due, it shall constitute a breach of this license entitling RIM to

terminate Your license to use the Software under Section 14 below. For greater certainty, this Agreement does not

constitute a sale of the Software or any portion thereof to You. Without in any way limiting the foregoing, You expressly

waive and relinquish any right You may have to copy or adapt any part of the Software or any part thereof pursuant to any

right you may have under section 61 of the Hong Kong Copyright Ordinance (Chapter 528) or any other local legislation.

4. Email System.

Except as the Parties specifically agree in writing, You shall be solely responsible for the selection, implementation, and

performance of any and all third-party equipment, software and telecommunication equipment and services (including,

without limitation, Internet email connectivity and airtime services used in connection with the BlackBerry Solution) used

in association with the BlackBerry Solution. You are responsible for ensuring that the email system and computer with

which You choose to operate the BlackBerry Solution meets RIM's minimum standards for interoperability, including,

without limitation, processing speed, memory requirements, the choice of email server and client software and the use of

dedicated Internet access for accessing Internet email.

5. S/MIME Support.

The Software includes an add-on software module to allow users to extend their existing desktop-based S/MIME v.3 (or

greater) implementations wirelessly to BlackBerry Handheld Products (the “S/MIME Support Software”). RIM does not

provide any portion of the public key infrastructure based on S/MIME v.3 or greater or any other encryption process,

including without limitation any S/MIME software or certification services. RIM takes no responsibility for the selection,

acquisition, implementation, performance or non-performance of any portion of Your public key infrastructure, including

without limitation the selection, accuracy or reliability of the S/MIME software (including without limitation the Entrust

code included in the Software to enable the operation of certain public key infrastructures), or any third party certificates

and related services used in conjunction with the public key infrastructure. RIM is not responsible for any acts or omissions

of any certificate authorities. You must ensure that Your desktop-based S/MIME v.3 or greater implementation, including

any updates or upgrades to such implementation, meets RIM's minimum standards for interoperability and compatibility

set out in the relevant user documentation supplied by RIM and that Your usage of the Software conforms to the

installation and usage documentation provided by RIM in conjunction with, and applicable to, such version of Software.

You are also responsible for ensuring that You comply with any terms and conditions, rules and regulations respecting

Your use of the public key infrastructure, certificates, and any other services or software You may use in conjunction with

Your S/MIME v.3 implementation. Notwithstanding any other provision in this Agreement, except as provided for in the

warranty set out herein, or as otherwise specifically required by law, RIM has no liability with respect to the S/MIME

Support Software module, and in particular, RIM HAS NO LIABILITY WHATSOEVER FOR ANY ISSUE ARISING FROM OR

RELATING TO YOUR S/MIME IMPLEMENTATION OR ANY UPDATES OR UPGRADES THERETO.

6. Use of BlackBerry Solution.

You agree that:

(a) You and anyone obtaining access to the BlackBerry Solution through You will only use the BlackBerry Solution and any

component thereof, including the BlackBerry Handheld Product and the Software, in accordance with this Agreement and

the appropriate “Installation and Getting Started Guide” or “Getting Started Guide” provided by RIM for use in conjunction

with the BlackBerry Solution or portion thereof;

(b) You and anyone obtaining access to the BlackBerry Solution through You will only use the BlackBerry Solution and any

component thereof in accordance with the Limited Warranty (as defined herein);

comply with Your obligations under this Agreement and will comply with all applicable laws and regulations respecting

the use of the BlackBerry Solution and Services;

(d) You will ensure that any information that is provided to RIM pursuant to this Agreement is true, accurate, current and

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complete;

(e) You will be responsible for all activities with respect to the BlackBerry Solution and Services undertaken by You or

undertaken by anyone who has access to the BlackBerry Solution through You;

(f) You represent and warrant that You have the right and the authority to enter into this Agreement;

(g) You will ensure that the use of the Products, Services and the Software including without limitation the use thereof

with any other software, application, or data and the transmission of data using the Software, does not interfere with,

degrade, or adversely affect any software, system, network or data used by any person including RIM and other customers

of RIM and You will not use or allow any person to use the Products, Services or Software in a way that has a detrimental

affect upon RIM, its customers or its products or services;

(h) You and anyone obtaining access to the Products, Services or Software through You will not transmit harassing,

abusive, libelous, illegal or deceptive messages or information;

(i) You and anyone obtaining access to the Products, Services or Software through You will not use the Products, Services

or Software to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious

acts;

(j) You will not sell or transfer, or attempt to sell or transfer, the Software or any part thereof, or Your entitlement to use

the Services or any part thereof, to any other handheld device or person, without the written permission of RIM; and

(k) You will cooperate with RIM and provide information requested by RIM to assist RIM in investigating or determining

whether there has been a breach of this Section 6 or any other provision of this Agreement and provide RIM with access to

the premises and computers where the Products, Services or Software are or have been used.

7. Software License.

Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-

transferable license to install and use one copy of the Software residing on the BlackBerry Handheld Product and one copy

of the BlackBerry Desktop Software residing on no more than one personal computer residing on Your premises solely in

conjunction with Your use of a single BlackBerry Handheld Product. You may not use or allow the use of the Software

other than for Your own internal or personal purposes. This license does not imply any rights to future upgrades or updates

of the Software. However, if RIM does provide You with any upgrades or updates to the Software, such updates or

upgrades shall be subject to the terms and conditions of this Agreement and may be subject to additional payments. You

may not print, copy, reproduce, distribute, modify or in any other manner duplicate the Software, in whole or in part. For

the purposes of this provision “copy or reproduce” shall not include copying of statements and instructions of the Software

that naturally occurs during normal program execution when used in accordance with and for the purposes described in

the user documentation or in the course of making unmodified regular backups of the computer or system on which the

Software is installed, in accordance with industry standard business practices. You may not copy any written materials

accompanying any portion of the Software unless specifically authorized in writing to do so by RIM.

8. Services.

Airtime services offered for use with the BlackBerry Solution (“Airtime Services”) are provided to You through the Airtime

Service Provider and shall be subject to Your agreement with the Airtime Service Provider. RIM SHALL HAVE NO LIABILITY

WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE

AIRTIME SERVICES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF

SUCH AIRTIME SERVICES.

9. Intellectual Property.

You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks,

copyright or rights in any confidential information or trade-secrets, in or relating to the BlackBerry Solution or any part

thereof. You also do not acquire any rights in or related to the BlackBerry Solution or any component thereof, other than

the rights expressly licensed to You under this Agreement or in another mutually agreed upon, written agreement that You

may have with RIM. Any rights not expressly granted herein are reserved. The Software is only licensed to You as expressly

set out herein, and it and all associated documentation is protected by Canadian, U.S. and international copyright and

patent laws and international treaty provisions. There are severe penalties both civil and criminal for intellectual property

infringement.

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10. Export Restrictions; U.S. Government Rights.

You acknowledge that the Software includes encryption software that may be controlled for import, export or purposes

under the laws and regulations of the country(ies) and/or territory(ies) in which the Software is used (“Applicable Law”). In

particular, You acknowledge that the Software is of Canadian origin, is subject to Canadian laws and regulations, and may

be subject to restrictions on export or re-export to countries subject to Canadian embargoes (currently Angola, Eritrea,

Ethiopia, Iraq, Liberia, Myanmar (Burma), Rwanda, Sierra Leone and Yugoslavia) or to persons or entities prohibited from

receiving Canadian exports (including, but not limited to, those involved with missile technology or nuclear, chemical or

biological weapons). You hereby represent that (1) to the best of Your knowledge You are eligible to receive the Product(s)

and Software under Applicable Law; (2) You will import, export, or re-export the Product(s) and/or the Software to, or use

the Product(s) and/or the Software in, any country or territory only in accordance with Applicable Law; and (3) You will

ensure that other persons use the Product(s) and Software in accordance with the foregoing restrictions. The Software is

provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set

forth in DFARS 227.7202 or in FAR 52.227-19, or their successors as applicable. Contractor is Research In Motion

Limited, 295 Phillip Street, Waterloo, Ontario, Canada N2L 3W8. You hereby agree to indemnify RIM and the Airtime

Service Provider from any claims, actions, liability or expenses (including reasonable lawyers' fees) resulting from Your

failure to act in accordance with the certifications and commitments in this Section.

11. S e c u r i t y .

The enterprise edition of the BlackBerry Solution includes a level of encryption data security for communications between

Your BlackBerry Handheld Product and the computer system with which it operates. You assume full responsibility for the

establishment of appropriate security measures to control access to Your BlackBerry Handheld Product and such computer

system.

12. Confidentiality.

You acknowledge and agree that the Software was developed at considerable time and expense by RIM and is confidential

to and contains trade secrets of RIM. You agree to maintain the Software in strict confidence and not to disclose or provide

access thereto to any person except to Your employees with a need for access to exercise the license rights conferred

hereby. You do not have the right to obtain or use any source code for the Software, and may not translate, reverse

engineer, decompile or disassemble the Software, or otherwise attempt to derive the source code of the Software and

agree not to authorize, allow or enable any other person to do so, except to the extent permitted by applicable law.

13. Term.

This Agreement shall be effective upon Your agreement to be bound by the terms of this Agreement, (as manifested by the

conduct described in the preamble above) and shall end upon expiry or termination of Your agreement with the Airtime

Service Provider, as applicable, or upon termination of this Agreement in accordance with the provisions set out herein.

Upon termination of this Agreement, You will cease all use of the Software and destroy and/or permanently delete all

copies of the Software in Your possession.

14. Remedies and Termination for Default.

If You breach any provision of this Agreement RIM may, in addition to all other rights and remedies provided by this

Agreement or by law, terminate this Agreement by providing notice of termination. You will be deemed to be in breach of

this Agreement and RIM will have the right to terminate this Agreement if (1) You fail to comply with or perform a term or

condition herein, (2) You or any user of the BlackBerry Solution (or any component thereof) interfere with RIM's customer

service or business operations, (3) You materially contravene any agreement that You may have with RIM, including

without limitation, the terms of any click-wrap or shrink-wrap agreement that You have agreed to on RIM's website or

otherwise, (4) You violate any code of conduct or other guidelines by which You may be governed in conjunction with Your

use of the BlackBerry Solution or any component thereof. In addition, RIM may terminate this Agreement and/or

immediately cease to provide the Service(s) without any liability whatsoever to You if RIM is prevented from providing any

portion or all of any Service by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other

governmental body, or if a notice from a government agency or department indicates either RIM or the Airtime Service

Provider is not permitted to provide any portion or all of the Airtime Services. Nothing herein shall be construed to require

RIM to seek a waiver of any law, rule, regulation, or restriction, or seek judicial review or appeal of any court order. RIM

shall not have any liability to You arising from or related to the termination of this Agreement in accordance with this

Section.

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15. Indemnity/Liability.

You shall defend, indemnify, and hold harmless RIM, RIM's suppliers, successors, affiliates, agents and assigns (each a

“RIM Indemnified Party”) from any claims, damages, losses, or expenses (including without limitation attorney fees and

costs) incurred by a RIM Indemnified Party in connection with all claims, suits, judgments and causes of action (i) for

infringement of patents or other intellectual property or proprietary rights arising from combining with or using any

device, system or service in connection with the BlackBerry Solution or any portion thereof, (ii) for damages arising from

Your breach of Sections 5, 6, 7, 9, 10 or 12 herein, (iii) for libel, slander, defamation or infringement of copyright or other

intellectual property or proprietary right with respect to material transmitted by You using the BlackBerry Handheld

Product. (iv) for any injury, death or property damage arising in connection with the presence, use or non-use of any

portion of the BlackBerry Solution or RIM Service(s) (other than such damage to person or property (excluding data) that

directly arises from the use of the BlackBerry Handheld Product and/or Software strictly in accordance with the

“Installation and Getting Started Guide” or “Getting Started Guide” provided by RIM with the Products which specifically

pertains to such Products) or (v) for claims made by third persons against RIM arising from or related to Your use of the

Software or the BlackBerry Solution or any portion thereof (other than such claims that arise solely from the use of the

BlackBerry Handheld Product and/or Software strictly in accordance with the “Installation and Getting Started Guide” or

“Getting Started Guide” provided by RIM with the Products which specifically pertains to such Products). No remedy herein

conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as

allowed by law or in equity, but all such remedies shall be cumulative. In the event of the termination of this Agreement

pursuant to Section 14, You shall pay to RIM all attorney fees, collection fees, and related expenses, expended or incurred

by RIM in the enforcement of any right or privilege hereunder (including, but not limited to, telephone, freight, express

and postal charges, expenses of paid investigators and reasonable compensation for time of RIM's representatives).

16. Limited Warranty.

(a) Service(s). ALTHOUGH RIM WILL USE ITS REASONABLE CARE AND SKILL TO PROVIDE YOU WITH THE RIM SERVICES,

EACH OF THE RIM SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND BY RIM.

RIM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, OR THAT ANY DATA SENT BY OR

TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL

REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED,

INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED

REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABLE QUALITY,

DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. RIM SHALL

HAVE NO LIABILITY TO YOU OF ANY KIND WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY

THROUGH RIM OR IN CONJUNCTION WITH RIM'S SERVICES. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM

WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY.

(b) Product(s). The Product(s) are the subject of a limited warranty (“Limited Warranty”) set forth in the applicable RIM

user guide. The Limited Warranty is the exclusive warranty for any Product sold under the terms of this Agreement and sets

out Your sole remedies in respect of the Products and any breach of the Limited Warranty. The terms of Section 22 of this

Agreement are incorporated by reference into the terms of the Limited Warranty. By indicating Your acceptance by clicking

on the appropriate button below, You acknowledge that You have read the Limited Warranty and agree to its terms.

(c) Software. In the event that during the ninety (90) day period following delivery of the Product to You (the “Warranty

Period”), the Software as shipped by RIM is not capable of performing the functions described in the Specifications (which

can be viewed at http://www.blackberry.com/legal/index.shtml), when used as specified by RIM in the Installation and

Getting Started Guide or Getting Started Guide applicable to the specific type and version of the Software, RIM will, at its

sole option and discretion either make efforts to correct or provide You with a workaround for such problem (which may be

provided in a form at RIM's reasonable discretion, including in the course of telephonic customer support provided to You,

in a generally available software fix release, or made available to You at our web site) or provide You with a refund for the

one time fees paid by You for the Software if the media on which the Software was provided to You and all packaging

related thereto is returned to RIM within the Warranty Period together with proof of purchase. The foregoing is RIM's only

obligation and is Your sole and exclusive remedy for any defects, errors, or problems You may experience related to the

Software. The above obligation will not apply if the failure of the Software to perform the functions described in the

Specifications is due to: (i) use of the Software in a manner inconsistent with any of Your obligations set out in Sections 3,

5, 6, 7, 10 and 12 of this Agreement or in a manner inconsistent with the instructions, including the safety instructions,

specified by RIM in the Installation and Getting Started Guide or Getting Started Guide applicable to the specific type and

version of the Software; or (ii) a malfunction or other problem related to any hardware, network, software or

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communication system other than the BlackBerry Solution or BlackBerry Enterprise Server Software; or (iii) to any external

causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster,

electrostatic discharge, fire, flood, lightning, water or wind, or correction of errors attributable to software other than the

Software. The Software may include Sun Microsystems, Inc. (“Sun”) Java code. Any such code is provided to You “AS IS”

and at no charge with no representations, warranties or conditions either express or implied, including without limitation

any warranties or conditions of merchantability, quality, performance, fitness for a particular purpose, durability, title or

non-infringement. In no event shall either RIM or Sun be liable to You for any damages whatsoever, including without

limitation any direct, indirect, consequential, punitive, exemplary damages, arising out of in relation to the provision of the

Sun Java code as part of the Software, its performance or lack of performance, even if RIM or Sun has been advised of the

possibility of such damages. You acknowledge that this limitation and exclusion is reasonable given that this code is

provided at no charge. This paragraph sets out Your sole remedies in respect of the Software and any breach of the

warranty set out herein.

17. Limitation of Liability.

The only type of damages that can be recovered against RIM arising from or related to this Agreement including without

limitation in relation to the provision, use, performance or non-performance of the BlackBerry Solution or any portion

thereof, shall be Your direct damages, if any, and without expanding on the specific remedies set out in Section 16 above

(i) in no event shall the aggregate liability of RIM exceed the amount paid by You for the BlackBerry Product(s), and/or for

that portion of the Software (as the case may be) that gave rise to the claim, and (ii) RIM shall only be liable for damages

incurred during the period of such failure, delay or nonperformance of the BlackBerry Solution. RIM SHALL HAVE NO

LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS

OR CONTINUED AVAILABILITY OF ANY SERVICE OR PRODUCT.

EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN

NO EVENT SHALL RIM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT,

SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS

PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR CORRUPTION OR LOSS OF

DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN

CONJUNCTION WITH THE SOFTWARE, DOWNTIME COSTS, LOSS OF THE USE OF THE BLACKBERRY SOLUTION, OR ANY

ASSOCIATED PRODUCTS, COST OF SUBSTITUTE GOODS, FACILITIES, OR SERVICES, COST OF CAPITAL, OR OTHER

PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE

FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SOFTWARE OR

ANY THIRD PARTY SOFTWARE, EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RIM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY,

MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND ANY OTHER IMPLIED

WARRANTY OR CONDITION ARISING BY STATUTE OR CUSTOM OR USAGE OF TRADE RELATED TO THE SERVICES AND

THE BLACKBERRY SOLUTION OR ANY PORTION THEREOF. The limited warranties set out in this Agreement give You

specific legal rights. You may also have other rights that vary by state, province, or jurisdiction. 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 Software to the extent they cannot be excluded as set out above are limited to 90

days from the date You first installed any portion of the BlackBerry Solution on any computer.

RIM SHALL BE LIABLE TO YOU ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT BUT, TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, 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 IN THIS AGREEMENT SHALL APPLY 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.

18. Consent to Collection of Information.

By submitting personal information to RIM pursuant to this Agreement, including without limitation Your name, address

and telephone number, You consent to the collection, processing, transmission and disclosure of such information by RIM

for the purposes of RIM's internal use and specifically the purposes for which such information has been requested, such

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as billing requirements. Any information that You provide to RIM may be used or disclosed by RIM only in accordance with

RIM's privacy policy, which may be viewed at http://www.blackberry.com/legal/index.shtml. RIM reserves the right to

modify its privacy policy from time to time in its discretion. If information is disclosed to the Airtime Service Provider to

facilitate the provision of the BlackBerry Solution, Product(s) or Service(s) to You, the Airtime Service Provider's privacy

policy will be applicable. If you are a resident of the Hong Kong Special Administrative Region of the People's Republic of

China, you agree that RIM may process, transmit and disclose any “personal data” (as defined in the Personal Data

(Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong)), including transmission of such information to the United

States of America/Canada or any other country or countries nominated by RIM, provided by you to RIM solely for the

purposes set out herein.

19. Assignment and Delegation.

RIM may assign this Agreement without notice to You. You shall not assign this Agreement without the prior written

consent of RIM (such consent may be withheld or conditioned at RIM's discretion) and any assignment without RIM's

prior written consent shall be null and void and of no effect. RIM may perform all obligations to be performed under this

Agreement directly or may have some or all obligations performed by its contractor or subcontractors, and/or in the case

of Airtime Services, by the Airtime Service Provider or its subsidiaries or affiliates.

20. Notices.

Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have

been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid,

certified mail, return receipt requested, and addressed to You at the billing address supplied to RIM by You, and addressed

to Research In Motion Limited, 295 Phillip Street, Waterloo, Ontario, Canada, N2L 3W8, with a copy (which shall not

constitute notice) to RIM's General Counsel at the same address. In addition to the forgoing, RIM may, at its option, give

You any notice under this Agreement by email. Notice to You by email shall be deemed to have been duly given when

transmitted to an email address furnished by You to RIM.

21. Force Majeure.

Notwithstanding any other provision of this Agreement, neither Party shall be deemed in default of this Agreement for

failure to fulfill its obligations when due to causes beyond its reasonable control (including without limitation, if Airtime

Services are provided to You through RIM by an Airtime Service Provider, and such Airtime Service Provider ceases to

provide Airtime Services to RIM on commercially reasonable terms). This provision shall not be construed as excusing

nonperformance of any obligation by either Party to make payment to the other Party under this Agreement.

22. General.

(a) No Third Party Beneficiaries. Except as otherwise specifically stated in this Agreement, the provisions herein are for the

benefit of the Parties and not for any other person or entity.

(b) Waivers of Default. Waiver by either Party of any default by the other Party shall not be deemed a continuing waiver of

such default or a waiver of any other default.

intended to survive the performance hereof by either or both Parties shall so survive the completion of performance,

cancellation or termination of this Agreement.

(d) Governing Law and Dispute Resolution. If You reside in Canada and the Software is shipped or delivered to You in any

format in Canada, this Agreement is to be construed under the laws of the Province of Ontario. Otherwise, this Agreement

is to be construed under the laws of the State of New York, excluding any body of law governing conflicts of law. The

Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its

entirety from application to this Agreement. Any disagreement or dispute arising out of or relating to this Agreement, or

the breach thereof which the Parties are unable to resolve after good faith negotiations, shall be submitted first to the

upper management level of the Parties. The Parties, through their upper management level representatives shall meet

within thirty (30) days of the dispute being referred to them and if the Parties are unable to resolve such disagreement or

dispute within thirty (30) days of meeting, such disagreement or dispute shall be settled by final and binding arbitration

to be conducted in Ontario, Canada in accordance with the Commercial Rules of the American Arbitration Association.

Each of the Parties shall appoint one arbitrator, and the two arbitrators shall jointly appoint a third arbitrator. Each Party

shall bear one half of the costs associated with the arbitration proceedings. No dispute between the Parties, or involving

Hong Kong

any person but You, may be joined or combined together, without the prior written consent of RIM. Judgment upon the

award rendered by the three arbitrators may be entered in any Court having jurisdiction thereof. Notwithstanding the

foregoing, RIM has the right to institute legal or equitable proceedings in a court of law for claims or disputes regarding:

(i) amounts owed by You in connection with Your purchase of the BlackBerry Solution or any portion thereof or Service;

and (ii) Your violation or threatened violation of Sections 5, 6, 7, 8, 9, 10, 11 and 12 of this Agreement. You irrevocably

waive any objection on the grounds of venue, forum non conveniens or any similar grounds and irrevocably consent to

service of process by mail or in any other manner permitted by applicable law and irrevocably consent to submit to the

jurisdiction of the courts located in the Province of Ontario or the State of New York, as the case may be, for any claims

arising from or related to this Agreement. The Parties specifically agree that, in the event that there is a dispute under this

Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial.

(e) Severability. If a provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability

shall not invalidate or render unenforceable the entire Agreement, but rather (unless a failure of consideration would

result therefrom) the entire Agreement shall be construed as if not containing the particular invalid or unenforceable

provision or provisions, and the rights and obligations of each Party shall be construed and enforced accordingly.

(f) Language. It is the express will of the Parties that this Agreement and all related documents be drawn up in English.

C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés

en anglais.

(g) Inconsistency. If there is any inconsistency between this Agreement and any software license or end user agreement

provided in the packaging of any portion of the BlackBerry Solution, the provisions of this Agreement shall apply to the

extent of the inconsistency. If there is any inconsistency between this Agreement and any software license or end user

agreement provided in connection with any upgrades or updates to the Software, the provisions of such other license or

end user agreements shall apply, to the extent of the inconsistency.

23. Entire Agreement.

This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and

cancels and supersedes any prior understandings and agreements between the Parties hereto with respect thereto. There

are no provisions, representations, undertakings, agreements, or collateral agreements between the Parties other than as

set out in this Agreement. Further You acknowledge that no statements or representations made by or on behalf of RIM

have been relied upon by You in agreeing to enter into this Agreement. This Agreement may be amended at any time

upon mutual agreement by the Parties. RIM further reserves the right to make changes to this Agreement by providing

You with reasonable notice of the change by either e-mail (as contemplated by the Notice provision above) or by posting

notice of the change at http://http://www.blackberry.com/legal/index.shtml. If You continue to use the Software more

than sixty (60) days after notice of the change has been given, You shall be deemed to have accepted this change.

Singapore

BLACKBERRY END USER / SOFTWARE LICENSE AGREEMENT

This BlackBerry End User / Software License Agreement (collectively the “Agreement”) is a legal agreement between you

(“You”), and RIM (as defined below) (together the “Parties” and individually a “Party”). BY INDICATING YOUR

ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY INSTALLING OR USING THE SOFTWARE,

YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR

CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT US AT HTTP://WWW.BLACKBERRY.COM/

LEGAL/INDEX.SHTML.

IF, PRIOR TO USING THE SOFTWARE, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS

AGREEMENT, PROMPTLY RETURN THE BLACKBERRY HANDHELD PRODUCT, SOFTWARE AND THE ACCOMPANYING

ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO RIM OR THE RIM-AUTHORIZED

DISTRIBUTOR FROM WHOM YOU OBTAINED THE HANDHELD PRODUCT, SOFTWARE AND ACCOMPANYING ITEMS. If

You have already paid for the Software and/or the BlackBerry Handheld Product, provide us with Your proof of purchase

and we will refund the fees You have paid for these items to You.

1. Definitions.

“Airtime Service Provider” shall mean the service provider whose wireless network supports Your BlackBerry Solution. The

service providers that support the BlackBerry Solution may be found at http://www.blackberry.com/legal/index.shtml.

“BlackBerry Desktop Software” means items of the Software that are identified as being for installation and use on a single

desktop computer in conjunction with the BlackBerry Handheld Product.

“BlackBerry Enterprise Server Software” means the RIM proprietary software to be installed and used on a single server and

used in conjunction with the BlackBerry Solution. The BlackBerry Enterprise Server Software is not licensed under this

Agreement.

“BlackBerry Handheld Product” shall mean the RIM BlackBerry wireless handheld device(s) You have acquired.

“BlackBerry Solution” shall mean the Software (as defined below), a BlackBerry Handheld Product, RIM supplied

accessories and documentation, and the RIM wireless data service. You must have a subscription for airtime on a wireless

network in order to use the BlackBerry Solution and You must acquire this subscription through an Airtime Service

Provider, either directly or through RIM.

“Product” shall mean collectively the BlackBerry Handheld Product and any RIM supplied accessories for such BlackBerry

Handheld Product exclusive of any Software.

“RIM” shall mean Research In Motion Limited.

“Software” shall mean the RIM software product(s) provided under this license to You for use in conjunction with the

BlackBerry Handheld Product including any such BlackBerry Desktop Software, and RIM proprietary software products,

firmware and data residing on the BlackBerry Handheld Product. The term Software includes all such software and data,

regardless of the form in which it is provided to You or the form in which You may subsequently use it; however, except as

otherwise specified herein, the term Software shall not include the BlackBerry Enterprise Server Software or any Third Party

Software, whether or not the Third Party Software accompanies, is provided with or operates in conjunction with the

Software and/or any portion of the BlackBerry Solution. Use of such software products shall be governed by and subject to

Your agreeing to the terms of separate software licenses for those products. For greater certainty, in no event shall such

separate software licenses impose any additional obligations, or obligations inconsistent with the terms of this Agreement,

upon RIM whatsoever.

“Service” shall mean any RIM service provided to You in conjunction with the BlackBerry Solution.

“Third Party Software” means software applications proprietary to a third party but shall not include software licensed by

RIM from a third party for incorporation into a RIM software product and distribution as an integral part of that RIM

software product under a RIM brand.

2. Agreement to Supply Product(s) and Service(s) and to License Software.

You acknowledge that You are supplied with the BlackBerry Solution and any additional RIM accessories or Service(s) that

You order conditional upon Your acceptance of and compliance with the terms and conditions herein, Your payment of the

required purchase price and license fees, Your commitment to pay all applicable monthly or other periodic fees or costs,

and any additional terms and conditions that You agree to be bound by from time to time.

Singapore

3. Title to Product(s) and Right To Use Software.

You shall not obtain title and/or any right of possession to the Product(s) sold to You until You pay all amounts due for

such Product(s). Your license to use the Software is conditional upon payment of all license fees due hereunder to RIM

and, if applicable, to Your Airtime Service Provider. If any monthly or other periodic fees or costs associated with Your use

of the BlackBerry Solution or the Services are not paid when due, it shall constitute a breach of this license entitling RIM to

terminate Your license to use the Software under Section 14 below. For greater certainty, this Agreement does not

constitute a sale of the Software or any portion thereof to You.