Research In Motion Limited and its affiliated group of
companies ("RIM"), theprovider of the accessory for
the RIM Wireless Handheld (the "Accessory") 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: (i) one (1)
year from the date that the Accessory was first purchased by YOU as an original end-user, and (ii) the
period ending upon your breach of any of the provisions of this Limited Warranty orthe safety information provided with the Accessory and/or the RIM
Wireless Handheld (the "Warranty Period"). This
Limited Warranty is not transferable. During the
Warranty Period, the Accessory, or one or more of the
Accessory components (if applicable), will be repaired
or replaced at RIM's option, without charge for either
parts or labour. If the Accessory (or component
thereof) 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 for the Accessory.
Please consult the documentation provided with the
Accessory for instructions on how to obtain customer
support for your Accessory.
ThisLimited Warranty does not apply to normal wear
and tear, and does not cover repair or replacement of
any Accessory damaged by misuse, accident, abuse,
neglect, misapplication, or defects due to repairs or
modifications made by anyoneother than RIM or its
Accessory Limited Warranty (page 2)
authorized service representative. 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 as defined
in this Limited Warranty, i.e., it does not apply to any
external battery that may be provided with your
acquisition of the Accessory or RIM Wireless Handheld, or any damage caused by the leakage or any
other malfunction of an external battery or any other
accessory or peripheral equipment. This Limited
Warranty also does not apply if the malfunction
results from the use of theAccessory in conjunction
with accessories, products, services or ancillary or
peripheral equipment not 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 contained
in the package with the Accessory and/or the RIM
Wireless Handheld, the Limited Warranty may be
void, and if it is not void, it shall not apply. To the
extent that any third party provides any manufacturers or other warranties or guarantees that may be
passedontoYOU,suchwarrantiesand/orguarantees
are automatically passed on to YOU without any further effort on your part or on the part of RIM.
Accessory Limited Warranty (page 3)
REPAIR OR REPLACEMENT OF THE ACCESSORY
IS THE EXCLUSIVE REMEDY PROVIDED TO YOU.
UNDER THE LAWSOF THE STATE OF TEXAS,
AND THE LAWS OF THE SEVERAL STATES OF
THE UNITED STATES, THIS LIMITED WARRANTY
IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSOR IMPLIED, INCLUDING ANY IMPLIED
WARRANTYOF MERCHANTABILITYAND/OR
FITNESS FOR A PARTICULAR USE OR PURPOSE
AND/OR ANY IMPLIED WARRANTY OF NONINFRINGEMENT. UNDER THE LAWS OF CANADA, THIS LIMITED WARRANTY IS INLIEU OF
ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESSOR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY AND/OR QUALITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. RIM SHALL NOT IN
ANY WAY BE LIABLE TO YOU FOR ANY DAMAGES YOU SUFFER OR INCUR (INCLUDING, BUT
NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIALOR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION AND THE LIKE ANDPERSONAL
INJURY OR WRONGFUL DEATH DAMAGES) ARISING FROM OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THE ACCESSORY, EVEN IF
RIM IS AWARE OF THE POSSIBILITYOF SUCH
Accessory Limited Warranty (page 4)
DAMAGES. THIS LIMITATION IS INTENDED TO
APPLY AND DOES APPLY WITHOUT REGARD TO
WHETHER SUCH DAMAGES ARE CLAIMED,
ASSERTEDORBROUGHTINANACTIONOR
CLAIMSOUNDING IN TORT OR CONTRACT,OR
ON THE WARRANTY, O R UN DER ANY OTHER
LAW OR FORM OF ACTION. YOU ASSUME THE
RISK OF USING ANY PRODUCT OR ACCESSORY
NOT PROVIDED OR EXPLICITLY APPROVED BY
RIM IN CONJUNCTIONWITH YOUR ACCESSORY.
IN NO EVENT SHALL RIM'S LIABILITY TO YOU
EXCEED THE PURCHASE PRICE OF THE ACCESSORY YOU PURCHASED OR THE COST OF
REPAIRING OR REPLACING THE ACCESSORY,
WHICHEVERIS GREATER. THE LIMITED WARRANTY WITH RESPECT TO THE RIM WIRELESS
HANDHELD AND ANY OTHER ACCESSORY IS
SET FORTH SEPARATELY IN THE DOCUMENTATION ACCOMPANYING THE RIM WIRELESS
HANDHELDOR SUCH OTHER ACCESSORY.
This limited warranty gives YOU specificlegal rights,
and YOU may also have other rights that vary from
state to state. Some states 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
Accessory Limited Warranty (page 5)
permit the warranty to be voided. Thus, the above
limitations or exclusions may not apply to YOU.This
Limited Warranty is to be construed in Canada under
the laws of the Province of Ontario and in the United
Statesunder the laws of the State of Texas,except for
anybodyoflawgoverningconflictsoflaw.