User manual BLACKBERRY WIRELESS HANDHELD WARRANTY

[. . . ] BlackBerry Wireless Handheld Software License Agreement and Warranty Booklet Buklet Perjanjian Lisensi dan Garansi Perangkat Lunak BlackBerry Wireless Handheld Software License Agreement and Warranty Booklet (for Asia/Pacific) Buklet Perjanjian Lisensi dan Garansi Perangkat Lunak Last revised: 12 November 2004 Part number: MAT-07612-003 Print specification: PRINTSPEC-002 © 2004 Research In Motion Limited. The BlackBerry and RIM families of related marks, 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. [. . . ] and international copyright and patent laws and international treaty provisions. There are severe penalties both civil and criminal for intellectual property infringement. You agree that nothing in this Agreement shall affect any rights and recourse to any remedies that RIM may have under any laws in India relating to the protection of RIM's intellectual property or other proprietary rights. 10. Government Rights. You acknowledge that the Software includes encryption software that may be controlled for import, export or purposes 53 India 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. 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. Security. 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. 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. RIM reserves the right, in its sole discretion, without any liability arising from or related to such termination, to terminate this Agreement in the event that Airtime Services become unavailable. 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. 54 India 15. [. . . ] 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, we 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 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. [. . . ]