Blackberry PRD-09695-004 Product Guide - Page 46

Of The Cause Of Action, Demand, Or Action By, Unforeseen, And Even If Rim Has Been Advised

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AIRTIME SERVICES, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, RIM SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS HEREIN SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE 44

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AIRTIME SERVICES, COST OF SUBSTITUTE GOODS,
COSTS OF COVER, FACILITIES OR SERVICES, COST OF
CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES,
WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR
UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW IN YOUR JURISDICTION, RIM SHALL HAVE NO
OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER
IN CONTRACT, TORT, OR OTHERWISE TO YOU
INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT
LIABILITY.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS
HEREIN SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE
OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY
YOU INCLUDING BUT NOT LIMITED TO BREACH OF
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR
ANY OTHER LEGAL THEORY AND SHALL SURVIVE A
FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE
44