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Limited Warranty The BlackBerry Handheld, The BlackBerry Cradle ...

Limited Warranty
The BlackBerry Handheld, the BlackBerry Cradle, and any other RIM hardware accessories, excluding
external batteries and SIM cards, which are provided to You concurrently and in conjunction with the
BlackBerry Handheld specifically for use with Your particular model of BlackBerry Handheld (which together
comprise the BlackBerry Hardware), will be free from defects in workmanship and materials for a period that
is the shorter of (i) one (1) year from the date that the new BlackBerry Handheld was first purchased by You
as an original end-user (“You”) and (ii) the period ending upon Your breach of the BlackBerry End-
User/Software License Agreement (the “License Agreement”) entered into between You and Research In
Motion Limited and/or its affiliated group of companies’ (“RIM”) in connection with the BlackBerry Solution
(the “Warranty Period”). This Limited Warranty is not transferable. During the Warranty Period, the
BlackBerry Hardware, or one or more of the BlackBerry Hardware components, will be repaired or replaced
at RIM’s option, without charge to You for either parts or labor. If the BlackBerry Hardware (or component
thereof) is repaired or replaced during the Warranty Period, the Warranty Period will expire, upon the later of
the 91st day after repair or replacement or one year from the date of original purchase. Based on an
agreement between RIM and the RIM Solution Provider (defined below), this Limited Warranty for the
Warranty Period shall be honored by either RIM or the RIM Solution Provider. This Limited Warranty does
not apply to normal wear and tear or if any component of the BlackBerry hardware is opened or repaired by
someone not authorized by RIM, and does not cover repair or replacement of any BlackBerry Hardware
damaged by: misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, neglect,
misapplication, or defects due to repairs or modifications made by anyone other than RIM. This Limited
Warranty does not cover physical damage to the surface of the BlackBerry Hardware, including cracks or
scratches on the LCD screen. This Limited Warranty does not apply to any equipment other than the
BlackBerry Hardware as defined in this Limited Warranty - for example, it does not apply to any external
battery or SIM Card provided with Your purchase, rental, lease or other means of acquiring the BlackBerry
Hardware, or any damage caused by the leakage or any other malfunction of an external battery, SIM Card,
or any other accessory or peripheral equipment. This Limited Warranty also does not apply if the
malfunction results from the use of the BlackBerry Hardware in conjunction with accessories, products,
services or ancillary or peripheral equipment not expressly approved or provided by RIM specifically for use
with Your particular model of BlackBerry Handheld, and where it is determined by RIM that such malfunction
is not the fault of the BlackBerry Hardware itself. Additionally, if malfunction results from the failure of the
user to abide by the Safety Information contained in the package with the BlackBerry Solution comprised of
the BlackBerry Hardware, the BlackBerry Desktop Software, and the associated wireless data service and
documentation (the “BlackBerry Solution”), the Limited Warranty may be void, and if it is not void, it shall not
apply. Data backup is presumed to be the responsibility of the user of the BlackBerry Hardware. Neither
RIM nor the reseller or distributor through whom You purchased the BlackBerry Solution (the “RIM Solution
Provider”) is responsible for data that may be damaged or lost at any time, including, without limitation data
lost or damaged during the servicing of the BlackBerry Hardware, or through the use of synchronization
software. As the BlackBerry Solution is provided in conjunction with certain wireless data services provided
by third party providers, RIM cannot guarantee or warrant that Your wireless data service will always be
available or will always function properly. For this and other reasons, the BlackBerry Solution should not be
relied upon for the transmission of data relating to emergency or life-threatening or mission critical
situations, and, to the extent permitted by law, RIM disclaims any liability on its behalf, on behalf of the RIM
Solution Provider, and on behalf of the third party provider of Your airtime service for events or damages
resulting from such reliance or the failure of the wireless data service to perform or to be available for Your
use of the BlackBerry Solution, including, without limitation, the lack of service coverage in the area in which
You wish to use the BlackBerry Solution. RIM will not be responsible for any warranties or guaranties
provided by the RIM Solution Provider or any other party.
Any repair or replacement pursuant to this limited warranty could be requested by You from the RIM
Solution Provider.
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REPAIR OR REPLACEMENT OF THE BLACKBERRY HARDWARE, AS PROVIDED HEREIN, IS THE
EXCLUSIVE REMEDY PROVIDED TO YOU UNDER THIS LIMITED WARRANTY. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, THIS LIMITED WARRANTY IS IN
LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, GUARANTEES OR
CONDITIONS, EXPRESS OR IMPLIED AND EXCEPT AS SET OUT HEREIN ALL REPRESENTATIONS,
WARRANTIES, ENDORSEMENTS, GUARANTEES OR CONDITIONS OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES,
ENDORSEMENTS, GUARANTEES OR CONDITIONS OF TITLE , NON-INFRINGEMENT, FITNESS FOR
A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY,
SATISFACTORY QUALITY, DURABILITY, OR OTHERWISE ARISING FROM A STATUTE OR CUSTOM
OR COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. SOME JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH REPRESENTATIONS, WARRANTIES,
ENDORSEMENTS, GUARANTEES OR CONDITIONS OR LIABILITY FOR THEIR BREACH. TO THE FULL
EXTENT PERMITTED BY LAW, ANY SUCH REPRESENTATIONS, WARRANTIES, ENDORSEMENTS,
GUARANTEES OR CONDITIONS, OR LIABILITY FOR THEIR BREACH RELATING TO THE
BLACKBERRY HARDWARE, TO THE EXTENT THEY CANNOT BE EXCLUDED, ARE LIMITED TO THEIR
REPAIR OR REPLACEMENT, AT RIM’S OPTION. NEITHER RIM NOR ANY RIM SOLUTION PROVIDER
SHALL IN ANY WAY BE LIABLE TO YOU AND YOU HEREBY WAIVE ANY INDIRECT, ECONOMIC,
SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (OR LOST
PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY
DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND THE LIKE AND PERSONAL INJURY
OR WRONGFUL DEATH DAMAGES) ARISING FROM OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE BLACKBERRY HARDWARE, EVEN IF RIM OR A RIM SOLUTION PROVIDER
ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY
AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED
OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT (INCLUDING NEGLIGENCE) OR
CONTRACT, OR UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. ANY
EXTERNAL BATTERIES PROVIDED WITH THE BLACKBERRY HARDWARE ARE PROVIDED “AS IS”
OR ARE SUBJECT TO THE LIMITED WARRANTY SPECIFICALLY APPLICABLE TO SUCH BATTERIES,
IF ANY, AND ANY SIM CARDS PROVIDED WITH THE BLACKBERRY HARDWARE ARE PROVIDED AS
IS, AND NEITHER EXTERNAL BATTERIES NOR SIM CARDS ARE, FOR PURPOSES OF THIS
WARRANTY, PART OF THE BLACKBERRY HARDWARE. YOU ASSUME THE RISK OF USING ANY
ACCESSORY NOT PROVIDED AS PART OF THE BLACKBERRY SOLUTION. TO THE EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL RIM'S LIABILITY TO YOU OR TO ANY THIRD PARTY
CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE
BLACKBERRY HARDWARE YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE
BLACKBERRY HARDWARE, WHICHEVER IS GREATER. THE LIMITED WARRANTY WITH RESPECT
TO THE BLACKBERRY DESKTOP SOFTWARE, TO ALL DOCUMENTATION AND TO ANY FIRMWARE
RESIDING ON THE BLACKBERRY HARDWARE IS SET FORTH IN THE LICENSE AGREEMENT. TO
THE EXTENT THAT THE TRADE PRACTICES ACT 1974 (CHT) OR SIMILAR LEGISLATION IMPLIES
INTO THIS LIMITED WARRANTY TERMS, CONDITIONS AND WARRANTIES THAT CANNOT BE
LAWFULLY EXCLUDED, SUCH TERMS WILL APPLY TO THIS LIMITED WARRANTY, PROVIDED THAT
RIM’S LIABILITY FOR A BREACH OF ANY SUCH TERM, CONDITION OR WARRANTY, INCLUDING
FOR ANY ECONOMIC OR CONSEQUENTIAL LOSS, SHALL BE LIMITED, AT THE OOPTION OF RIM TO
(i) THE SUPPLYING OF THE BLACKBERRY HARDWARE AGAIN; OR (ii) THE PAYMENT OF THE COST
OF HAVING THE BLACKBERRY HARDWARE SUPPLIED AGAIN. THE PARTIES FURTHER
ACKNOWLEDGE AND AGREE THAT THE BLACKBERRY HARDWARE IS NOT A GOOD OR SERVICE
ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION,
AND THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR THE LIABILITY OF RIM
TO BE SO LIMITED.
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Waiver by RIM of any default will not be deemed a continuing waiver of such default or a waiver of any
other default.
This Limited Warranty is governed by and construed in accordance with the laws of Ontario, Canada,
except for any body of law governing conflicts of law. The Parties to this Limited Warranty (together the
“Parties” and individually a “Party”) agree that the United Nations Convention on Contracts for the
International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty. All
disagreements and disputes arising out of or in connection with this Limited Warranty shall be finally
settled by arbitration. The decision of the arbitrator shall be final and binding upon the Parties (save in the
case of manifest error). The award of the arbitrator shall be made in writing and shall have reasons. The
arbitrator's award shall make provision for the costs of the arbitration to be paid by the Parties in such
proportions as the arbitrator decides appropriate. Unless otherwise prohibited by law in Your jurisdiction,
the arbitration shall be: (i) held in Ontario, Canada; (ii) conducted under Ontario law; (iii) conducted in the
English language; (iv) settled under the Rules of Arbitration of the International Chamber of Commerce
(“Rules”); and (v) heard by one arbitrator appointed in accordance with the said Rules and to be mutually
agreed to by the Parties within 30 days of the appointment of the arbitrator, failing which a neutral third
party shall appoint the arbitrator. No dispute between the Parties, or involving any person but You, may be
joined or combined together, without the prior written consent of RIM.
If a provision of this Limited Warranty is held to be invalid or unenforceable, such invalidity or
unenforceability shall not invalidate or render unenforceable the entire Limited Warranty, but rather (unless
a failure of consideration would result therefrom) the Limited Warranty 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.
If this Limited Warranty is translated into a language other than English, the English version will prevail to
the extent that there is any conflict or discrepancy in meaning between the English version and any
translation thereof.
If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of
the BlackBerry Hardware, the provisions of this Limited Warranty shall apply to the extent of such
inconsistency.
© 2008 Research In Motion Limited. All rights reserved. BlackBerry®, RIM®, Research In Motion®,
SureType® and related trademarks, names and logos are the property of Research In Motion Limited and
are registered and/or used in the U.S. and countries around the world. All other brands, product names,
company names, trademarks and service marks are the properties of their respective owners. The 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;
D,445,428; D,433,460; D,416,256. Other patents are registered or pending in various countries around the
world. Please visit www.rim.net/patents.shtml for a current listing of applicable patents.
Handheld Limited Warranty (Australia) 072308 (English) (North American Version 022403)
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