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Limited Warranty
Research In Motion Limited (“RIM”), the manufacturer and
provider of the BlackBerry Solution, comprising the BlackBerry
Handheld, which together with the BlackBerry Cradle and Holster
comprise the BlackBerry Hardware, the BlackBerry Desktop
Software, and the associated wireless data service and
documentation, warrants to YOU, the end-user (“YOU”), that 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 BlackBerry Hardware was first purchased by YOU as
an original end-user and (ii) the period ending upon your breach of
the End-User’s Agreement entered into when YOU ordered the
BlackBerry Solution (the “Purchase Warranty Period”). If YOU
obtain the BlackBerry Hardware through a rental or lease program,
or any other non-purchase program, the warranty period (the
“Rental Warranty Period”) shall be for as long as YOU continue to
pay any required rental or lease fees. In no event, however, shall the
Rental Warranty Period exceed three (3) years. Continued repair or
replacement after the expiration of a Rental Warranty Period shall
be at the sole discretion of RIM, and the continuance of a program of
repair and replacement after the expiration of the Rental Warranty
Period shall not constitute a waiver of RIM’s right to terminate this
Limited Warranty or to declare that the Limited Warranty is no
longer in effect. The Purchase Warranty Period and the Rental
Warranty Period shall be hereinafter referred to as the “Applicable
Warranty Period”, meaning one or the other of the Purchase
Warranty Period or the Rental Warranty Period, as the context may
require. This Limited Warranty is not transferable. During the
Applicable 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 for either parts or labor. If
the BlackBerry Hardware (or component thereof) is repaired or
replaced during the Applicable Warranty Period, the Applicable
Warranty Period will expire, if a Purchase Warranty Period, upon