Common use of Software Clause in Contracts

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, and upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in the Sections of this Agreement entitled, "'Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c)), "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9) or "Confidentiality and No Reverse Engineering" (Section 11) or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs other than other portions of defective Your BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products)Solution; or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of SoftwareSoftware (which constitute upgrades to the Software build acquired with the Handheld Product), or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH IDENTIFY WITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretionYour option, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, and upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in the Sections of this Agreement entitled, "'Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c)), "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9) or "Confidentiality and No Reverse Engineering" (Section 11) or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs other than other portions of defective Your BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products)Solution; or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of SoftwareSoftware (which constitute upgrades to the Software build acquired with the Handheld Product), or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH IDENTIFY WITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety three (903) day months period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety three (903) days months from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety three (903) days months following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH IDENTIFY WITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretionRIM will, within forty (40) days of RIM receiving the defective Software, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You). If the correction or workaround does not remedy the problem within forty (40) days of RIM receiving the defective Software, RIM will within an additional forty (40) days, either provide You with a replacement version of the Software or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) a "hidden flaw" within the Software ; (B) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (BC) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (CD) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein. (ix) The Software may be customized for the Airtime Service Provider from which You purchased Your BlackBerry Handheld Product. You acknowledge the Software may only operate on a particular Airtime Service Providers' wireless network, may not operate on any other network, and may need to be modified in order to do so.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM Provo Craft or any RIM authorised Provo Craft authorized distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM Provo Craft in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry SolutionCRICUT EXPRESSION 2 Machine, RIM Provo Craft will, at its sole option and discretion, either (a) make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIMProvo Craft's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software Software fix release, on RIMProvo Craft's web site website or in any other form of which RIM Provo Craft advises You), or (b) or provide You with a credit or refund for the one time fees paid by You for the applicable Software Software, if any, if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM Provo Craft in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) . Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided the above obligation does not apply to You free updates of charge are provided the Software. ALL UPDATES ARE PROVIDED "AS IS" and without warranty of any kind. (iii) Updates and upgradesAND WITHOUT WARRANTY OF ANY KIND. THE FOREGOING IS PROVO CRAFT'S ONLY OBLIGATION AND IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTS, for which You have paid additional license feesERRORS, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) OR PROBLEMS YOU MAY EXPERIENCE RELATED TO THE SOFTWARE. The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (Ai) use of the CRICUT EXPRESSION 2 Machine, Cartridges or Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the CRICUT EXPRESSION 2 Machine, Cartridges or Software; or (Bii) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld ProductsCRICUT EXPRESSION 2 Machines), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products)system; or (Ciii) to any external causes affecting the Cartridges, Software, including the media upon which the Cartridges or Software is are provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, or correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section paragraph sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM Provo Craft or any RIM authorised Provo Craft authorized distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM Provo Craft in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry SolutionCRICUT MINI Machine, RIM Provo Craft will, at its sole option and discretion, either (a) make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIMProvo Craft's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software Software fix release, on RIMProvo Craft's web site website or in any other form of which RIM Provo Craft advises You), or (b) or provide You with a credit or refund for the one time fees paid by You for the applicable Software Software, if any, if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM Provo Craft in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) . Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided the above obligation does not apply to You free updates of charge are provided the Software. ALL UPDATES ARE PROVIDED "AS IS" and without warranty of any kind. (iii) Updates and upgradesAND WITHOUT WARRANTY OF ANY KIND. THE FOREGOING IS PROVO CRAFT'S ONLY OBLIGATION AND IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTS, for which You have paid additional license feesERRORS, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) OR PROBLEMS YOU MAY EXPERIENCE RELATED TO THE SOFTWARE. The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (Ai) use of the CRICUT MINI Machine, Cartridges or Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the CRICUT MINI Machine, Cartridges or Software; or (Bii) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld ProductsCRICUT MINI Machines), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products)system; or (Ciii) to any external causes affecting the Cartridges, Software, including the media upon which the Cartridges or Software is are provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, or correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section paragraph sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period or, only if and to the extent relevant, such longer period that may apply in terms of the South African Consumer Protection Act, 2008 following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, to the maximum extent permitted by applicable law, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days or, only if and to the extent relevant, such longer period that may apply in terms of the South African Consumer Protection Act, 2008, from the date that the upgrade for any Software is delivered to You. (iv) The obligation in (i) above obligation will not not, to the maximum extent permitted by applicable law, apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable lawlaw (and then only to the extent so required), this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There To the maximum extent permitted by applicable law, there is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days or, only if and to the extent relevant, such longer period that may apply in terms of the South African Consumer Protection Act, 2008 following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This To the maximum extent permitted by applicable law, this Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR RIMMAYHAVE LIMITEDOR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICESPERFORMANCEOFSUCHTHIRDPARTYITEMSORTHIRDPARTYSERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWAREPROBLEMTHATYOUIDENTIFYWITHTHISSOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), RIM warrants that the Software as made available by RIM or any RIM authorised distributor is not capable of performing will materially conform with the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry SolutionSolution (the "Software Warranty"). If You are not a Consumer the Software Warranty is offered to You for a period of ninety (90) days, following delivery of the Handheld Product to You. If You are a Consumer the Software Warranty is offered to You for a period of twenty-four (24) months following the initial activation of the Software (the "Consumer Warranty Period"). If during the applicable warranty period the Software fails to operate in accordance with the Software Warranty, RIM will: (i) if You are not a Consumer, at its sole RIM's option and discretion; or (ii) if You are a Consumer, at Your option;, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if provided that: (i) You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. applicable warranty period; (ii) Notwithstanding anything to You can establish that You acquired the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of from RIM (or any kind. RIM authorised distributor; (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date can establish that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety Software Warranty; and (90iv) days following You can establish that the date You install it on Your Software did not operate in accordance with the Software Warranty at the time of delivery of the Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or releaseif You obtained the Software separately from the Handheld Product, on RIM's website or in any other form at the time of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect initial activation of the Software and any defects(if You are a Consumer, errors, problems or breach of this Section (iv) shall not apply during the warranty for the Software set out hereininitial six (6) month period).

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. If You are a Consumer, then in addition to any other rights You may have including without limitation the foregoing warranty, RIM warrants that in the event that the Software fails to conform to the Specifications of the EU Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees as implemented by the Italian Legislative Decree No. 206 dated September 6th 2005, shall apply provided You comply with any such requirements or obligations (the "Consumer Limited Warranty"). (ii) Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply apply: (A) to professional end users; (B) business end users; and (C) to the extent not prohibited by the EU Directive 1999/44/EC as implemented by the Italian Legislative Decree No. 206 dated September 6th 2005, to Consumers, if the failure of the Software to perform the functions described in the Specifications is due to: (A1) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B2) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (C3) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "“Warranty Period"”), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation specifications for that item of the Software ("Specifications") which can be viewed at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/legal/▇▇▇▇▇.▇▇▇▇▇), when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your the BlackBerry Solution, RIM will, at its sole Your option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's ’s reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's ’s web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, Provider if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything . The foregoing is RIM’s only obligation and is Your sole and exclusive remedy for any defects, errors, or problems You may experience related to the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) Software. The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in Clauses 4, 5, 6, 7, 11, 13 and 15 of this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs other than other portions of defective the BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products)Solution; or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, misapplication or defects due to repairs or modifications made by someone not authorised by RIM. (v) For clarification. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, unless otherwise required by applicable lawALL OF THE RIM SERVICES ARE PROVIDED OR MADE ACCESSIBLE “AS IS” AND “AS AVAILABLE”, this warranty applies to BlackBerry Handheld Software in new Handheld ProductsWITHOUT CONDITION, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of SoftwareENDORSEMENT, or on free BlackBerry Server SoftwareGUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND BY RIM. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact AS RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY DOES NOT HAVE LIMITED CONTROL OF AND CANNOT PROVIDE ANY WARRANTY OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR OTHER SIMILAR ASSURANCE FOR ANY THIRD PARTY SERVICES, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, THE THIRD PARTY SERVICES ARE PROVIDED OR MADE ACCESSIBLE “AS IS” AND MAY NOT BE ABLE TO PROVIDE A FIX “AS AVAILABLE”, WITHOUT CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWAREWARRANTY OF ANY KIND BY RIM. RIM does not warrant Third Party Items or Third Party ServicesDOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, and in relation to theseCONTINUED AVAILABILITY OF ANY SERVICE, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its servicesOR THAT ANY CONTENT SENT BY OR TO YOU WILL BE ACCURATE, and Your rights in relation to support and warrantiesTRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty " Assurance Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty assurance return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Assurance Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty assurance of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty assurance set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty assurances and/or support agreements for those RIM Products); or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty assurance applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty assurance on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH IDENTIFY WITH THIS SOFTWARE. RIM does not warrant provide assurances for Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warrantyan assurance of conformity of goods or services. Warranties Assurances vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warrantiesassurances. (viii) This Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty assurance for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretionYour option, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, updates, and upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in the Sections of this Agreement entitled, "'Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c)), "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9) or "Confidentiality and No Reverse Engineering" (Section 11) or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs other than other portions of defective Your BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products)Solution; or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of SoftwareSoftware (which constitute upgrades to the Software build acquired with the Handheld Product), or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH IDENTIFY WITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This To the maximum extent permitted by applicable law, this Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.

Software. (i) If during the ninety (90) day period following delivery of the Software to You (the "Warranty Period"), the Software as made available by RIM or any RIM authorised distributor is not capable of performing the functions described in the standard end user Documentation for that item of Software ("Specifications") when used as specified by RIM in the Documentation applicable to the specific type and version of the Software in conjunction with other unaltered portions of Your BlackBerry Solution, RIM will, at its sole option and discretion, either make reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's web site or in any other form of which RIM advises You) or provide You with a refund for the one time fees paid by You for the applicable Software if You cease to use the Software and the media on which the Software was provided to You and all packaging related thereto is returned to RIM in accordance with Your normal warranty return mechanism (which may be through Your Airtime Service Provider, if applicable, or point of purchase) within the Warranty Period together with proof of purchase. (ii) Notwithstanding anything to the contrary in this Agreement, and subject to any rights You may have under the Consumer Guarantees, updates, upgrades and Beta Software provided to You free of charge are provided "AS IS" and without warranty of any kind. (iii) Updates and upgrades, for which You have paid additional license fees, shall be subject to the warranty set out above for a period of ninety (90) days from the date that the upgrade for any Software is delivered to You. (iv) The above obligation will not apply if the failure of the Software to perform the functions described in the Specifications is due to: (A) use of the Software in a manner inconsistent with any of Your obligations set out in this Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by RIM in the Documentation applicable to the specific type and version of the Software; or (B) a malfunction or other problem related to any hardware (including those arising from defective Third Party Handheld Products), network, software or communication system (repairs of defective BlackBerry Devices are subject to the warranty and/or support agreements for those RIM Products); or (C) to any external causes affecting the Software, including the media upon which the Software is provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, correction of errors attributable to software other than the Software, or defects due to repairs or modifications not authorised by RIM. (v) For clarification, unless otherwise required by applicable law, this warranty applies to BlackBerry Handheld Software in new Handheld Products, and does not apply to BlackBerry Handheld Software included with used or refurbished Handheld Products. (vi) There is no warranty on free after market downloads of additional items of Software, or on free BlackBerry Server Software. If any item of such Software fails to operate in accordance with its Documentation within the ninety (90) days following the date You install it on Your Handheld Product or computer as applicable, You may contact RIM and RIM shall identify the support, if any, that is available for such Software (which support may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix or release, on RIM's website or in any other form of which RIM advises You). (vii) You acknowledge and agree that where such Software is designed to facilitate Your access to Third Party Items or Third Party Services, RIM MAY HAVE LIMITED OR NO CONTROL OVER THE FUNCTIONALITY OR PERFORMANCE OR NON- PERFORMANCE OF SUCH THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND MAY NOT BE ABLE TO PROVIDE A FIX OR WORKAROUND FOR A PROBLEM THAT YOU IDENTIFYWITH THIS SOFTWARE. RIM does not warrant Third Party Items or Third Party Services, and in relation to these, You must look to the provider of those items or services of that Third Party Item or Third Party Service for a warranty. Warranties vary between providers and even between jurisdictions for a particular provider. You should refer to the relevant documentation or provider terms to find out what support a provider is offering on any particular item or its services, and Your rights in relation to support and warranties. (viii) This Apart from any rights You may have under the Consumer Guarantees, this Section sets out RIM's only obligations and Your sole remedies in respect of the Software and any defects, errors, problems or breach of the warranty for the Software set out herein.