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(for identified Complimentary Devices ("CD")
Eligibility for Coverage. As an eligible customer who has received a CD, You may be entitled to receive, a time limited offer of free CD support ("Support") for the CD You have received. The Support is offered in North America only and to those customers who have been selected and received a CD from RIM.
Support Services. During the Coverage Period (defined below), RIM will use reasonable efforts to provide You with telephone technical support during RIM’s standard support hours (24 hours a day, 7 days a week). Technical support may consist of introducing features of the CD, assistance with BlackBerry software installation, troubleshooting, data recovery, information regarding certain BlackBerry device accessories and the documentation received with the CD (the “Services”). The Services will be provided by RIM in English only. The Services will be provided to You without charge by RIM; however, depending on Your chosen method of contact, standard voice and/or data charges from third parties may apply. At RIM’s sole discretion, RIM may choose to replace the CD with another similar CD as an alternative to the complimentary Support Services RIM might otherwise offer. Support shall be made available for the CD by calling the Toll Free Number at: 1- 877-505-5045.
Limitations. The Services to be provided hereunder are as defined in Section 2 and, for clarity, do not include providing support for problems that: (a) result from use of the BlackBerry software in a manner other than that expressly contemplated by the documentation provided by RIM; (b) result from factors external to RIM products, software and services such as from: (i) any third party software or hardware (including wireline and wireless networks whether the problem results from their performance, non-performance or lack of availability), (ii) the interoperability of the BlackBerry software with third party software or hardware (including wireline and wireless networks), or (iii) an event of force majeure (which shall include an act of God, labor action, fire, environmental conditions or any other event or circumstance outside of RIM’s direct control) (c) are related in any way to RIM hardware products, including all handheld and/or tablet devices, some of which may be subject to other RIM service agreements; or (d) any other support that RIM determines in its sole discretion is not included in the Services. In addition, the Services do not include the provision of information pertaining to BlackBerry Enterprise Server and/or BlackBerry Enterprise Server Express ("BES") services or information regarding third party accessories.
Your Responsibilities. You agree to provide RIM with any information that RIM reasonably requires to provide the Services to You. This may include, without limitation, Your email address, the Product Identification Number ("PIN") for the CD, the CD’s model, operating system version, software installed, peripheral devices connected or installed on the CD, any log files, error messages displayed or actions taken before You encountered difficulties with the CD and steps taken to resolve the issue.
Period of Coverage. RIM will provide the Services to You commencing on the date that You activate Your CD and ending ninety (90) days from the date of activation (the "Coverage Period") of Your CD.
Intellectual Property. You do not acquire any intellectual property or other proprietary rights in or relating to the Services or the CD, including without limitation patents, designs, trademarks, copyright, or rights in any confidential information or trade secrets.
LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION AND EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, YOU HEREBY AGREE THAT: (I) RIM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE DOCUMENTATION OR SERVICES PROVIDED TO YOU; (II) DOCUMENTATION AND SERVICES ARE PROVIDED OR MADE ACCESSIBLE “AS IS” AND “AS AVAILABLE” WITHOUT CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OR ANY KIND BY RIM; AND (II) RIM SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS, OR A FAILURE TO REALIZE EXPECTED SAVINGS) ARISING OUT OF OR IN CONNECTION WITH RIM’S PROVISION OF THE SERVICES OR YOUR USE OF ANY DOCUMENTATION PROVIDED BY RIM, WHETHER OR NOT SUCH DAMAGES COULD REASONABLY BE FORESEEN OR THEIR LIKELIHOOD HAS BEEN DISCLOSED TO RIM.
EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR COUNTRY OR JURISDICTION, IN NO EVENT SHALL RIM BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES OF ANY KIND IN RELATION TO THE SERVICES. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET OUT IN THIS AGREEMENT SHALL APPLY: (A) WHETHER AN ACTION, CLAIM, OR DEMAND ARISES FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER KIND OF CIVIL OR STATUTORY LIABILITY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT; AND (B) TO RIM AND ITS AFFILIATED COMPANIES AS WELL AS RIM’S AND SUCH AFFILIATED COMPANIES’ DIRECTORS, OFFICERS, EMPLOYEES, AND INDEPENDENT CONTRACTORS.
Right to Modify. Except to the extent expressly prohibited by applicable law, RIM reserves the right to make changes to this Agreement on a prospective basis, either to reflect changes in or required by law (including without limitation changes to ensure the enforceability of this Agreement) or changes in RIM’s business practices, by providing You with reasonable notice of the change either electronically (as contemplated by the Notice provision below) or by posting notice of the change at http://www.blackberry.com/legal. You should regularly review that site for changes. Electronic notice to You shall be deemed to have been received when transmitted to an email address furnished by You to RIM. If You have provided RIM with no such address, notice may be duly given when prominently posted on http://www.blackberry.com/legal.
Notice. Any notice, request, demand, or other communication required or permitted hereunder must be in writing and shall be sufficiently given if delivered by hand or sent by registered mail, courier, email, or facsimile (provided that the receiver acknowledges receipt of the facsimile or email in some fashion or that an e-courier package is used to transmit the notice) addressed to the other party at the address indicated by the respective party from time-to-time. Any such notice, request, demand, or other communication shall be deemed to have been delivered when received by the party to whom it was addressed. All notices to RIM shall be sent to: Research In Motion Limited, 295 Phillip Street, Waterloo, Ontario, N2L 3W8, Canada, Attention: Legal Department.
Assignment. This Support covers You and is limited to the CD and documentation provided with the CD You may not transfer or assign Your rights or obligations under this Agreement. You may not share Your Support with other users. If You dispose of or in any way alienate Your CD or if You purchase a new device, the Services contemplated in this Agreement will not be transferred to any new owner of the CD, nor to any new device. Notwithstanding the foregoing, RIM may assign the performance of its obligations under this Agreement to third parties or to any RIM affiliate, but RIM shall not thereby be relieved of its obligations to You.
Governing Law. This Agreement shall be governed by the laws the Province of Ontario, excluding rules of private international law that lead to the application of the laws of any other jurisdiction. Consumer protection laws in certain jurisdictions prohibit choice of law clauses that may prevent a consumer from benefitting from the consumer protection laws of the consumer’s jurisdiction of residence or which deprive the consumer of access to the courts of such jurisdiction, in which case this provision may not be applicable to You.