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BlackBerry Enterprise Server Software License Agreement
Installation and Getting Started Guide
73
4.0 Term
4.1 The grant of rights shall be non-exclusive, non-transferable and
perpetual provided that You do not breach the terms and conditions
of this Agreement or any other agreement with RIM and further
provided that you comply with the terms of any documentation
accompanying the SOFTWARE and/or the Handheld Product.
5.0 Warranty and Disclaimers; U.S. Government Rights
5.1 RIM warrants that any disk or other media that the SOFTWARE
is recorded on, if provided by RIM, will be free from defects in
materials and workmanship under normal use and service for a
period of 90 days from the date of delivery. Any implied warranties
or conditions relating to the SOFTWARE to the extent they are not
disclaimed below are limited to 90 days. This warranty does not
extend to any disk or other media that has been damaged as a result
of accident, misuse, abuse, or as a result of service or modification
by anyone other than RIM.
5.2 RIM's entire liability and your exclusive remedy shall be a
replacement of the defective disk, when You return to RIM the
defective disk and any copies You have made of it. Any replacement
disk that is supplied is warranted for the remainder of the original
warranty period.
5.3 RIM DISCLAIMS ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT, EACH WITH RESPECT TO THE
SOFTWAREANDANYTHIRDPARTYSOFTWARE,THE
ACCOMPANYING MANUAL(S) AND WRITTEN MATERIALS.
5.4 This limited warranty gives You specific legal rights. You may
also have other rights that vary by state or province. Some
jurisdictions may not allow the exclusion or limitation of incidental
or consequential damages nor allow limitations on how long an