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ANY PORTION THEREOF OR OF ANY AIRTIME SERVICES, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR

SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR

UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE

OR STRICT LIABILITY.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS HEREIN SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF

ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT

LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF

THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B) TO RIM AND ITS AFFILIATED

COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS (INCLUDING AIRTIME SERVICE PROVIDERS), AUTHORIZED RIM

DISTRIBUTORS (ALSO INCLUDING AIRTIME SERVICE PROVIDERS) AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND

INDEPENDENT CONTRACTORS.

IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTOR, EMPLOYEE, AGENT,

DISTRIBUTOR, SUPPLIER, INDEPENDENT CONTRACTOR OF RIM OR ANY AFFILIATES OF RIM HAVE ANY LIABILITY ARISING FROM

OR RELATED TO THE DOCUMENTATION.

Prior to subscribing for, installing, or using any Third Party Products and Services, it is your responsibility to ensure that your

airtime service provider has agreed to support all of their features. Some airtime service providers might not offer Internet

browsing functionality with a subscription to the BlackBerry® Internet Service. Check with your service provider for availability,

roaming arrangements, service plans and features. Installation or use of Third Party Products and Services with RIM's products

and services may require one or more patent, trademark, copyright, or other licenses in order to avoid infringement or

violation of third party rights. You are solely responsible for determining whether to use Third Party Products and Services and

if any third party licenses are required to do so. If required you are responsible for acquiring them. You should not install or use

Third Party Products and Services until all necessary licenses have been acquired. Any Third Party Products and Services that

are provided with RIM's products and services are provided as a convenience to you and are provided "AS IS" with no express

or implied conditions, endorsements, guarantees, representations, or warranties of any kind by RIM and RIM assumes no

liability whatsoever, in relation thereto. Your use of Third Party Products and Services shall be governed by and subject to you

agreeing to the terms of separate licenses and other agreements applicable thereto with third parties, except to the extent

expressly covered by a license or other agreement with RIM.

Certain features outlined in this documentation require a minimum version of BlackBerry® Enterprise Server, BlackBerry®

Desktop Software, and/or BlackBerry® Device Software.

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thereto. NOTHING IN THIS DOCUMENTATION IS INTENDED TO SUPERSEDE ANY EXPRESS WRITTEN AGREEMENTS OR

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