Limited Warranty Sample (Page 3 of 4) in pdf

Exclusion of Certain Damages. SUBJECT TO THE SECTION 'AUSTRALIAN CONSUMER LAW' BELOW AND

EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY LAW, IN NO EVENT SHALL RIM OR

ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL

LOSS OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF

PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING

OUT OF THE USE OF OR INABILITY TO USE THE BLACKBERRY PLAYBOOK, EVEN IF RIM OR ANY

GROUP COMPANY HAS BEEN ADVISED 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 IN TORT OR CONTRACT, OR ON THE

WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY

FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT

ACT OR OMISSIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY

TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED IN

AGGREGATE THE NET PURCHASE PRICE YOU PAID FOR THE BLACKBERRY PLAYBOOK OR THE COST

OF REPLACING THE AFFECTED BLACKBERRY PLAYBOOK, WHICHEVER IS GREATER. Nothing in this

Limited Warranty shall be taken as excluding or attempting to exclude or in any way restrict any liability for death or

bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents.

Some countries, states, or provinces do not allow the exclusion or limitation of incidental or consequential damages, so

the above exclusions and limitations may not apply to YOU. If any provision of this Limited Warranty is determined to

be invalid or unenforceable the remaining provisions of this Limited Warranty shall remain in full force and effect.

Governing Law. THIS LIMITED WARRANTY, ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN

CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING

STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND RIM ARISING FROM OR

RELATING TO THIS LIMITED WARRANTY, ITS INTERPRETATION, OR THE BREACH OR VALIDITY

THEREOF, SHALL, EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE

LAW, BE GOVERNED BY THE LAWS OF THE STATE OR PROVINCE AS PROVIDED IN THIS PARAGRAPH. If

YOU are domiciled in Canada (excluding the Province of Québec) this Limited Warranty is to be construed under the

laws of the Province of Ontario, excluding any body of law governing conflicts of law. If YOU are domiciled in the

Province of Québec, this Limited Warranty is to be construed under the laws of the Province of Québec. If YOU are

domiciled outside of Canada this Limited Warranty is to be construed under laws of the State of New York, 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. Unless YOU are domiciled in the Province of

Québec, any disagreement or dispute arising out of or relating to this Limited Warranty shall be settled by final and

binding arbitration (i) to be conducted in Ontario, Canada, if YOU are domiciled in Canada, under the rules of arbitration

of the Arbitration Act, 1991 (Ontario) (the “Ontario Rules”) by a single arbitrator appointed in accordance with the

Ontario Rules, and (ii) to be conducted in New York, NY, if YOU are domiciled outside of Canada, under the

Commercial Rules of the American Arbitration Association (“CR-AAA”) by a single arbitrator nominated in accordance

with the CR-AAA. The arbitration shall be conducted in the English language. YOU agree that a judgment recognizing

and enforcing the Award may be entered in any court with jurisdiction, and irrevocably submit to the jurisdiction of any

such court. No dispute between the parties, or involving any person but YOU, may be joined or combined together,

without the prior written consent of RIM.

Miscellaneous.

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

If there is any conflict between this Limited Warranty and any warranty included in the packaging of the BlackBerry

PlayBook, the provisions of this Limited Warranty shall be applied by RIM to the extent of such conflict.

If any term, provision or sub-section of this Limited Warranty is held to be void, illegal or unenforceable, the validity or

enforceability of the remainder of such term, provision or subsection and this Limited Warranty will not be affected.

Privacy. Customer information received by RIM will be used, processed, transmitted, and disclosed in accordance with

Limited Warranty PlayBook – Australia Template (English) (111611) cl

Limited Warranty Sample Page 3

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