Accessory Limited Warranty

Research In Motion UK Limited, on its own behalf and on behalf of Research In Motion Limited and its affiliated group of companies (collectively, “RIM”), the provider of the accessory (the “Accessory”) for the BlackBerry Wireless Handheld warrants to YOU, the end-user (“YOU”), that the Accessory will be free from defects in workmanship and materials for a period that is the shorter of (a) one (1) year from the date that the Accessory was first purchased by YOU as an original end-user and (b) the period ending upon : (1) Your breach of or termination of the BlackBerry End-User/Software Licence Agreement (“the Licence Agreement”) entered into between You and RIM, or (2) Your breach of (i) this Limited Warranty, (ii) the Limited Warranty provided with the BlackBerry Handheld, (iii) any Limited Warranty provided with any BlackBerry accessories or external batteries, or (iv) the safety information provided with the Accessory and/or the BlackBerry Handheld (the “Warranty Period”). This Limited Warranty is not transferable. During the Warranty Period, the Accessory will be repaired or replaced at RIM’s option, without charge to You for either parts or labour. If the Accessory is repaired or replaced during the Warranty Period, the Warranty Period will expire upon the later of the 91st day after repair or replacement or one year from the date of original purchase. Based on an Agreement between RIM and the reseller or distributor through whom You purchased the Accessory and/or the BlackBerry Solution (the “RIM Solution Provider”) this Limited Warranty for the Warranty Period shall be honoured by either RIM or the RIM Solution Provider. This Limited Warranty does not apply to normal wear and tear, or if the Accessory or any component thereof is opened or repaired by someone not authorised by RIM, and does not cover repair or replacement of any Accessory damaged by: misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, neglect, misapplication, or defects due to repairs or modifications made by anyone other than RIM. This Limited Warranty does not cover physical damage to the surface of the Accessory. This Limited Warranty does not apply to any equipment other than the Accessory. This Limited Warranty also does not apply if the malfunction results from the use of the Accessory in conjunction with accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by RIM, and where it is determined by RIM that such malfunction is not the fault of the Accessory itself. Additionally, if malfunction results from the failure of the user to abide by the safety information provided with Accessory or provided with any component of the BlackBerry Solution, which comprises the BlackBerry Handheld, any BlackBerry accessories including external batteries and SIM cards, the BlackBerry Desktop Software and the associated wireless data service and documentation (the “BlackBerry Solution”), the Limited Warranty may be void, and if it is not void, it shall not apply. Please consult the documentation provided with the Accessory for instructions on how to obtain customer support for your Accessory.

REPAIR OR REPLACEMENT OF THE ACCESSORY AS PROVIDED HEREIN IS THE EXCLUSIVE REMEDY PROVIDED TO YOU. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND/OR QUALITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE AND/OR ANY IMPLIED WARRANTY OR CONDITION OF NON‑INFRINGEMENT. NEITHER RIM NOR ANY RIM SOLUTION PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU AND YOU HEREBY WAIVE ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS) ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ACCESSORY, EVEN IF RIM OR A RIM SOLUTION PROVIDER ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT (INCLUDING NEGLIGENCE) OR CONTRACT, OR UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. IN NO EVENT SHALL RIM’S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE ACCESSORY YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE ACCESSORY, WHICHEVER IS GREATER. FOR THE AVOIDANCE OF DOUBT NOTHING HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY OF RIM OR ANY RIM SOLUTION PROVIDER FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF RIM, ITS EMPLOYEES OR AGENTS OR SUCH RIM SOLUTION PROVIDER.

This Limited Warranty gives YOU specific legal rights, and YOU may also have other rights that vary from country to country. Some countries may not allow the exclusion or limitation of incidental or consequential damages, may not allow limitations on how long an implied warranty or condition lasts, or allow provisions that permit the warranty to be voided. Thus, some of the above limitations or exclusions may not apply to YOU.

Waiver by RIM of any default will not be deemed a continuing waiver of such default or a waiver of any other default.

This Limited Warranty is to be construed under the laws of England, excluding any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty. Any disagreement or dispute, arising out of, or in connection with, this Limited Warranty, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce, by a single arbitrator appointed in accordance with the said Rules. The arbitration shall be held in London, England and the language of arbitration shall be English. No dispute between the parties, or involving any person but YOU, may be joined or combined together, without the prior written consent of RIM.

If a provision of this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Limited Warranty, but rather (unless a failure of consideration would result therefrom) the Limited Warranty shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of each party shall be construed and enforced accordingly.

If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of the Accessory, the provisions of this Limited Warranty shall apply to the extent of such inconsistency.

WARNING: This Accessory is meant for use ONLY in conjunction with the appropriate BlackBerry Handheld. Please consult YOUR Installation and Getting Started Guide or Getting Started Guide, as applicable, to determine whether this Accessory is compatible with YOUR BlackBerry Handheld. Any other use will void this Accessory Limited Warranty, and RIM shall not in any way be liable to YOU or to any third party for any damages YOU or any third party may suffer as a result of use of this Accessory in conjunction with any device or accessory other than the appropriate BlackBerry Handheld.