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Research In Motion Limited Software License Agreement
Installation and User’s Guide
185
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, 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
limitations or exclusions may
not apply to You.
4.5 IN NO EVENT SHALL RIM
BE LIABLE FOR ANY OTHER
DAMAGES WHATSOEVER
(INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION,
LOSS OF BUSINESS
INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING
OUT OF THE USE OF OR
INABILITY TO USE THIS RIM
SOFTWARE, EVEN IF RIM
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION
IS INTENDED TO APPLY AND