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 BLACKBERRY PRODUCTS OR SERVICES, DOWNTIME COSTS, LOSS OF
THE USE OF BLACKBERRY 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
BLACKBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, BLACKBERRY 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 BLACKBERRY AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS,
AGENTS, SUPPLIERS (INCLUDING AIRTIME SERVICE PROVIDERS), AUTHORIZED BLACKBERRY 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 BLACKBERRY OR ANY AFFILIATES OF
BLACKBERRY 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
BlackBerry'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 BlackBerry'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 BlackBerry and BlackBerry 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 BlackBerry.
Certain features outlined in this documentation require a minimum version of BlackBerry
®
Enterprise Server, BlackBerry
®
Desktop Software, and/or BlackBerry
®
Device Software.
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