Blackberry ENTERPRISE SERVER FOR MICROSOFT EXCHANGE - ENTERPRISE SERVER WIRELESS SOFTWARE UPGRADES Podręcznik administracyjny - Strona 32

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Administration Guide

DOCUMENTATION TO THE EXTENT THEY CANNOT BE EXCLUDED AS SET OUT ABOVE, BUT CAN BE LIMITED, ARE HEREBY

LIMITED TO NINETY (90) DAYS FROM THE DATE YOU FIRST ACQUIRED THE DOCUMENTATION OR THE ITEM THAT IS

THE SUBJECT OF THE CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT SHALL RIM BE LIABLE

FOR ANY TYPE OF DAMAGES RELATED TO THIS DOCUMENTATION OR ITS USE, OR PERFORMANCE OR NON-

PERFORMANCE OF ANY SOFTWARE, HARDWARE, SERVICE, OR ANY THIRD PARTY PRODUCTS AND SERVICES

REFERENCED HEREIN INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING DAMAGES: DIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR AGGRAVATED DAMAGES, DAMAGES

FOR LOSS OF PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS

OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA, FAILURES TO

TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH

RIM PRODUCTS OR SERVICES, DOWNTIME COSTS, LOSS OF THE USE OF RIM PRODUCTS OR SERVICES OR 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, RIM SHALL HAVE NO OTHER

OBLIGATION, 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. 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.

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