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Terms & Conditions
NOTE: IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN STATUTORY RIGHTS THAT CANNOT BE MODIFIED BY CONTRACT. NO PROVISION IN THIS DOCUMENT SHALL HAVE THE EFFECT OF MODIFYING THOSE STATUTORY RIGHTS TO THE EXTENT SUCH MODIFICATIONS ARE EXPRESSLY PROHIBITED BY APPLICABLE LAW. IF A TRANSLATION OF THESE PROVISIONS INTO ANY OTHER LANGUAGE IS REQUIRED BY LAW, THE ENGLISH VERSION OF THIS DOCUMENT WILL PREVAIL TO THE EXTENT THAT THERE IS ANY CONFLICT OR DISCREPANCY IN MEANING BETWEEN THE ENGLISH VERSION AND ANY TRANSLATION THEREOF. IF THESE PROVISIONS ARE PROVIDED TO YOU IN A LANGUAGE OTHER THAN ENGLISH, RIM DOES SO SOLELY AS A CONVENIENCE TO YOU.
Research In Motion Limited and/or its affiliates (collectively, "RIM") makes available at no charge on this site either "AOL Instant Messenger for BlackBerry Smartphones" or "ICQ for BlackBerry Smartphones", as the case may be, (each a "Messaging Client") which is a handheld software application that facilitates sending and receiving messages through the instant messaging and presence service offered on www.aim.com and www.icq.com, respectively (or such other website designated by America Online, Inc. and/or its affiliates (collectively, "AOL"))(each an "AOL Service") using Handheld Products (defined as RIM BlackBerry wireless handheld devices, or wireless handheld devices manufactured or distributed by a third party who has been authorized by RIM to have such wireless handheld devices operate in conjunction with RIM's proprietary handheld software).
The Messaging Client is made available to you individually, or if you are authorized to acquire the software on behalf of your company or another organization, then to the entity for whose benefit you act (in either case "you"), by way of an amendment to the terms of the license agreement under which you originally licensed RIM's proprietary software for the Handheld Product on which you plan to install the Messaging Client ("License Agreement"). You may have licensed RIM's proprietary software for the Handheld Product ("RIM Handheld Software") in one of two ways, depending on how you provisioned such RIM Handheld Software: (1) if you provisioned the RIM Handheld Software by way of the BlackBerry Desktop Software or the BlackBerry® Internet Service, the RIM Handheld Software is licensed under the terms of the BlackBerry End User/Software License Agreement that was made available to you when you were activating the BlackBerry Desktop Software or BlackBerry Internet Service, as applicable; or (2) if you or your company's IT department provisioned the RIM Handheld Software using the BlackBerry® Enterprise Server software (including the BlackBerry Web Desktop Manager), the RIM Handheld Software is licensed under the terms of the BlackBerry Enterprise Server Software License Agreement. In either case, BY AGREEING TO THESE TERMS BY CLICKING "I ACCEPT" WHERE PROVIDED BELOW, YOU ARE AGREEING: (A) THAT THE MESSAGING CLIENT WILL BE DEEMED TO BE INCLUDED IN THE DEFINITION OF "SOFTWARE" UNDER THE LICENSE AGREEMENT; AND (B) TO BE BOUND BY THE TERMS OF THAT LICENSE AGREEMENT, AS AMENDED HEREIN, IN RELATION TO YOUR USE OF THIS SOFTWARE. IF YOU ARE NOT PREPARED TO AGREE TO THESE TERMS DO NOT DOWNLOAD, INSTALL OR USE THE MESSAGING CLIENT AS YOU HAVE NO RIGHT TO DO SO.
Because RIM is providing the Messaging Client to you at no charge as a courtesy to you, except to the extent specifically prohibited by applicable law in your jurisdiction, the Messaging Client is provided to you "as is".
In order to use the Messaging Client on your Handheld Product to send and receive messages through the AOL Service: (i) you must have a current, active account to the AOL Service (an AIM screen name for AOL Instant Messenger for BlackBerry Smartphones and an ICQ Number for ICQ for BlackBerry Smartphones), which account will be governed by the terms and conditions you agreed to when establishing the applicable AOL Service account; and (ii) your airtime service provider must permit you to access the AOL Service through your Handheld Product.
Since the use of the Messaging Client depends on certain third party permissions and services (such as airtime services and the AOL Service) ("Third Party Services") which are not under the control of RIM, RIM cannot accept responsibility for the availability, use, performance or non-performance, legality or other aspects of any Third Party Services required to use such software. To the extent your License Agreement includes provisions regarding "Third Party Services", those provisions shall apply to such permissions and services. If your License Agreement does not specifically address "Third Party Services", then the below disclaimers, exclusions and limitations regarding Third Party Services shall apply to you:
Because RIM is providing the Messaging Client to you at no charge as a courtesy to you, except to the extent specifically prohibited by applicable law in your jurisdiction, any Third Party Services that may be accessed using the Messaging Client is available to you "as is" and "as available".
Except to the extent specifically prohibited by applicable law in your jurisdiction, all conditions, endorsements, guarantees, representations, or warranties of any kind, either express or implied, including without limitation, any express or implied conditions, endorsements, guarantees, representation or warranties of durability, fitness for a particular purpose, merchantability, merchantable quality, non-infringement, satisfactory quality or title arising from statute or custom or usage of trade, in respect of the Messaging Client and Third Party Services are hereby excluded.
Except to the extent specifically prohibited by applicable law in your jurisdiction, in no event shall RIM or its affiliates or AOL or any of the foregoing entities' respective directors, officers, employees or independent contractors be liable for any damages whatsoever (including, without limitation, commercial, consequential, direct, economic, exemplary, incidental, indirect, punitive or special damages, damages for loss of business profits or revenue, business interruption, loss of business information or corruption or loss of data, or failures to transmit or receive data) arising out of or related to the Messaging Client and any Third Party Services that may be accessed using the Messaging Client (including without limitation the use and availability of such Third Party Services), whether or not such damages were foreseen or unforeseen and whether based on breach of warranty or condition, breach of contract, tort (including negligence), strict liability or any other kind of civil liability, even if RIM has been advised of the possibility of such damages.
You acknowledge that the limitations and exclusions set out above reflect the fact that the Messaging Client is made available to you by RIM at no charge, and that RIM would have to charge for this if these exclusions or limitation were not in place.
RIM reserves the right to terminate your license to use the Messaging Client at any time without notice to you; however, RIM will use commercially reasonable efforts to provide you with any such notice of termination. Since the Messaging Client is provided to you without charge, you expressly agree that RIM's ability to terminate your rights to use the software is reasonable.
I have reviewed the License Agreement and am prepared and authorized to accept a license for the Messaging Client on the terms set out in the License Agreement, as clarified and supplemented above.