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Blackberry WIRELESS HANDHELDTM 857 User Manual

Page 173

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Research In Motion Limited Software License Agreement

Installation and User’s Guide

173

Software in any country other
than the United States and
Canada, and you agree to
indemnify and hold RIM
harmless from any damage
caused by your failure to
comply with this paragraph 3.5.

4.0 Warranty and disclaimers;
U.S. Government rights

4.1 RIM warrants that any disk
or other media that the
SOFTWARE is recorded on, if
provided by RIM, will be free
from defects in materials and
workmanship under normal use
and service for a period of 90
days from the date of delivery.
Any implied warranties or
conditions relating to the
SOFTWARE to the extent they
are not disclaimed below are
limited to 90 days. This
warranty does not extend to any
disk or other media that has
been damaged as a result of
accident, misuse, abuse, or as a
result of service or modification
by anyone other than RIM.

4.2 RIM’s entire liability and
your exclusive remedy shall be a
replacement of the defective
disk, when You return to RIM
the defective disk and any

copies You have made of it. Any
replacement disk that is
supplied is warranted for the
remainder of the original
warranty period.

4.3 RIM DISCLAIMS ALL
OTHER WARRANTIES AND
CONDITIONS, EITHER
EXPRESS OR IMPLIED,
INCLUDING BUT NOT
LIMITED TO IMPLIED
WARRANTIES OR
CONDITIONS OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, AND
NONINFRINGEMENT, EACH
WITH RESPECT TO THE
SOFTWARE AND ANY THIRD
PARTY SOFTWARE, THE
ACCOMPANYING PRODUCT
MANUAL(S) AND WRITTEN
MATERIALS.

4.4 This limited warranty gives
You specific legal rights. You
may also have other rights that
vary by state or province. Some
jurisdictions may not allow the
exclusion or limitation of
incidental or consequential
damages nor allow limitations
on how long an implied
warranty lasts. Thus, the above