BlackBerry Wireless Handheld Software License Agreement and Warranty Booklet Buklet Perjanjian Lisensi dan Garansi Perangkat Lunak BlackBerry Wireless Handheld Software License Agreement and Warranty Booklet (for Asia/Pacific) Buklet Perjanjian Lisensi dan Garansi Perangkat Lunak Last revised: 12 November 2004 Part number: MAT-07612-003 Print specification: PRINTSPEC-002 © 2004 Research In Motion Limited. All rights reserved. The BlackBerry and RIM families of related marks, images and symbols are the exclusive properties and trademarks of Research In Motion Limited. RIM, Research In Motion, 'Always On, Always Connected' and BlackBerry are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries. All other brands, product names, company names, trademarks, and service marks are the properties of their respective owners. The BlackBerry handheld and/or associated software are protected by copyright, international treaties, and various patents, including one or more of the following U.S. patents: 6,278,442; 6,271,605; 6,219,694; 6,075,470; 6,073,318; D445,428; D433,460; D416,256. Other patents are registered or pending in various countries around the world. Visit www.rim.com/patents.shtml for a current listing of applicable patents. While every effort has been made to ensure technical accuracy, information in this document is subject to change without notice and does not represent a commitment on the part of Research In Motion Limited, or any of its subsidiaries, affiliates, agents, licensors, or resellers. There are no warranties, express or implied, with respect to the content of this document. Research In Motion Limited 295 Phillip Street Waterloo, ON N2L 3W8 Canada Research In Motion UK Limited Centrum House, 36 Station Road Egham, Surrey TW20 9LF United Kingdom Published in XXXXX Hong Kong BLACKBERRY END USER / SOFTWARE LICENSE AGREEMENT This BlackBerry End User / Software License Agreement (collectively the "Agreement") is a legal agreement between you ("You"), and RIM (as defined below) (together the "Parties" and individually a "Party"). BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT US AT HTTP://WWW.BLACKBERRY.COM/ LEGAL/INDEX.SHTML. IF, PRIOR TO USING THE SOFTWARE, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE BLACKBERRY HANDHELD PRODUCT, SOFTWARE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO RIM OR THE RIM-AUTHORIZED DISTRIBUTOR FROM WHOM YOU OBTAINED THE HANDHELD PRODUCT, SOFTWARE AND ACCOMPANYING ITEMS. If You have already paid for the Software and/or the BlackBerry Handheld Product, provide us with Your proof of purchase and we will refund the fees You have paid for these items to You. 1. Definitions. "Airtime Service Provider" shall mean the service provider that supports the BlackBerry Solution from whom You subscribe for airtime services. The service providers that support the BlackBerry Solution may be found at http:// www.blackberry.com/legal/index.shtml. "BlackBerry Desktop Software" means items of the Software that are identified as being for installation and use on a single desktop computer in conjunction with the BlackBerry Handheld Product. "BlackBerry Enterprise Server Software" means the RIM proprietary software to be installed and used on a single server and used in conjunction with the BlackBerry Solution. The BlackBerry Enterprise Server Software is not licensed under this Agreement. "BlackBerry Handheld Product" shall mean the RIM BlackBerry wireless handheld device(s) You have acquired. "BlackBerry Solution" shall mean the Software (as defined below), a BlackBerry Handheld Product, RIM supplied accessories and documentation, and the RIM wireless data service. You must have a subscription for airtime on a wireless network in order to use the BlackBerry Solution and You must acquire this subscription through an Airtime Service Provider, either directly or through RIM. "Product" shall mean collectively the BlackBerry Handheld Product and any RIM supplied accessories for such BlackBerry Handheld Product exclusive of any Software. "RIM" shall mean Research In Motion Limited. "Software" shall mean the RIM software product(s) provided under this license to You for use in conjunction with the BlackBerry Handheld Product including any such BlackBerry Desktop Software, and RIM proprietary software products, firmware and data residing on the BlackBerry Handheld Product at the time of purchase. The term Software includes all such software and data, regardless of the form in which it is provided to You or the form in which You may subsequently use it; however, except as otherwise specified herein, the term Software shall not include the BlackBerry Enterprise Server Software or any Third Party Software, whether or not the Third Party Software accompanies, is provided with or operates in conjunction with the Software and/or any portion of the BlackBerry Solution. Use of such software products shall be governed by and subject to Your agreeing to the terms of separate software licenses for those products. For greater certainty, in no event shall such separate software licenses impose any additional obligations, or obligations inconsistent with the terms of this Agreement, upon RIM whatsoever. "Service" shall mean any RIM service provided to You in conjunction with the BlackBerry Solution. "Third Party Software" means software applications proprietary to a third party but shall not include software licensed by RIM from a third party for incorporation into a RIM software product and distribution as an integral part of that RIM software product under a RIM brand. 2. Agreement to Supply Product(s) and Service(s) and to License Software. You acknowledge that You are supplied with the BlackBerry Solution and any additional RIM accessories or Service(s) that You order are conditional upon Your acceptance of the terms and conditions herein, Your payment of the required purchase price and license fees, Your commitment to pay all applicable monthly or other periodic fees or costs, and any 3 Hong Kong additional terms and conditions that You agree to be bound by from time to time. 3. Title to Product(s) and Right To Use Software. You shall not obtain title and/or any right of possession to the Product(s) sold to You until You pay all amounts due for such Product(s). Your license to use the Software is conditional upon payment of all license fees due hereunder to RIM and, if applicable, to Your Airtime Service Provider. If any monthly or other periodic fees or costs associated with Your use of the BlackBerry Solution or the Services are not paid when due, it shall constitute a breach of this license entitling RIM to terminate Your license to use the Software under Section 14 below. For greater certainty, this Agreement does not constitute a sale of the Software or any portion thereof to You. Without in any way limiting the foregoing, You expressly waive and relinquish any right You may have to copy or adapt any part of the Software or any part thereof pursuant to any right you may have under section 61 of the Hong Kong Copyright Ordinance (Chapter 528) or any other local legislation. 4. Email System. Except as the Parties specifically agree in writing, You shall be solely responsible for the selection, implementation, and performance of any and all third-party equipment, software and telecommunication equipment and services (including, without limitation, Internet email connectivity and airtime services used in connection with the BlackBerry Solution) used in association with the BlackBerry Solution. You are responsible for ensuring that the email system and computer with which You choose to operate the BlackBerry Solution meets RIM's minimum standards for interoperability, including, without limitation, processing speed, memory requirements, the choice of email server and client software and the use of dedicated Internet access for accessing Internet email. 5. S/MIME Support. The Software includes an add-on software module to allow users to extend their existing desktop-based S/MIME v.3 (or greater) implementations wirelessly to BlackBerry Handheld Products (the "S/MIME Support Software"). RIM does not provide any portion of the public key infrastructure based on S/MIME v.3 or greater or any other encryption process, including without limitation any S/MIME software or certification services. RIM takes no responsibility for the selection, acquisition, implementation, performance or non-performance of any portion of Your public key infrastructure, including without limitation the selection, accuracy or reliability of the S/MIME software (including without limitation the Entrust code included in the Software to enable the operation of certain public key infrastructures), or any third party certificates and related services used in conjunction with the public key infrastructure. RIM is not responsible for any acts or omissions of any certificate authorities. You must ensure that Your desktop-based S/MIME v.3 or greater implementation, including any updates or upgrades to such implementation, meets RIM's minimum standards for interoperability and compatibility set out in the relevant user documentation supplied by RIM and that Your usage of the Software conforms to the installation and usage documentation provided by RIM in conjunction with, and applicable to, such version of Software. You are also responsible for ensuring that You comply with any terms and conditions, rules and regulations respecting Your use of the public key infrastructure, certificates, and any other services or software You may use in conjunction with Your S/MIME v.3 implementation. Notwithstanding any other provision in this Agreement, except as provided for in the warranty set out herein, or as otherwise specifically required by law, RIM has no liability with respect to the S/MIME Support Software module, and in particular, RIM HAS NO LIABILITY WHATSOEVER FOR ANY ISSUE ARISING FROM OR RELATING TO YOUR S/MIME IMPLEMENTATION OR ANY UPDATES OR UPGRADES THERETO. 6. Use of BlackBerry Solution. You agree that: (a) You and anyone obtaining access to the BlackBerry Solution through You will only use the BlackBerry Solution and any component thereof, including the BlackBerry Handheld Product and the Software, in accordance with this Agreement and the appropriate "Installation and Getting Started Guide" or "Getting Started Guide" provided by RIM for use in conjunction with the BlackBerry Solution or portion thereof; (b) You and anyone obtaining access to the BlackBerry Solution through You will only use the BlackBerry Solution and any component thereof in accordance with the Limited Warranty (as defined herein); (c) You are, and anyone obtaining access to the BlackBerry Solution through You is, over the age of majority and will comply with Your obligations under this Agreement and will comply with all applicable laws and regulations respecting the use of the BlackBerry Solution and Services; (d) You will ensure that any information that is provided to RIM pursuant to this Agreement is true, accurate, current and 4 Hong Kong complete; (e) You will be responsible for all activities with respect to the BlackBerry Solution and Services undertaken by You or undertaken by anyone who has access to the BlackBerry Solution through You; (f) You represent and warrant that You have the right and the authority to enter into this Agreement; (g) You will ensure that the use of the Products, Services and the Software including without limitation the use thereof with any other software, application, or data and the transmission of data using the Software, does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including RIM and other customers of RIM and You will not use or allow any person to use the Products, Services or Software in a way that has a detrimental affect upon RIM, its customers or its products or services; (h) You and anyone obtaining access to the Products, Services or Software through You will not transmit harassing, abusive, libelous, illegal or deceptive messages or information; (i) You and anyone obtaining access to the Products, Services or Software through You will not use the Products, Services or Software to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts; (j) You will not sell or transfer, or attempt to sell or transfer, the Software or any part thereof, or Your entitlement to use the Services or any part thereof, to any other handheld device or person, without the written permission of RIM; and (k) Yo ...