Terms & Conditions
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LICENSE ADDENDUM FOR FACEBOOK FOR BLACKBERRY SOFTWARE
Research In Motion Limited and/or its affiliates ("RIM") is pleased to make available at no charge:
Facebook for BlackBerry Software (the "BlackBerry Facebook Client"), an upgrade to versions 4.2 and higher of RIM's BlackBerry Handheld Software.
THE BLACKBERRY FACEBOOK CLIENT MADE AVAILABLE HEREUNDER IS LICENSED TO YOU BY RIM UNDER THE TERMS OF RIM'S STANDARD BLACKBERRY SOFTWARE LICENSE AGREEMENT UNDER WHICH BLACKBERRY HANDHELD SOFTWARE IS CURRENTLY MADE AVAILABLE (THE "BBSLA", AN AMALGAMATION OF THE PRIOR BLACKBERRY ENTERPRISE SERVER SOFTWARE LICENSE AND BLACKBERRY END USER/SOFTWARE LICENSE AGREEMENTS) AS MODIFIED BY THIS LICENSE ADDENDUM (THE "ADDENDUM", WHICH APPLIES ONLY TO THE BLACKBERRY FACEBOOK CLIENT AND NOT YOUR OTHER BLACKBERRY HANDHELD SOFTWARE) (THE BBSLA AND ADDENDUM ARE COLLECTIVELY THE "LICENSE TERMS" FOR THE BLACKBERRY FACEBOOK CLIENT). BY AGREEING TO THESE LICENSE TERMS BY CLICKING "I ACCEPT" WHERE PROVIDED BELOW, YOU INDIVIDUALLY, OR IF YOU ARE AUTHORIZED TO ACQUIRE THE BLACKBERRY FACEBOOK CLIENT ON BEHALF OF YOUR COMPANY OR ANOTHER ORGANIZATION, THEN THE ENTITY FOR WHOSE BENEFIT YOU ACT, (IN EITHER CASE "YOU") ARE AGREEING TO BE BOUND BY THESE LICENSE TERMS. IF YOU ARE NOT PREPARED OR AUTHORIZED TO AGREE TO THESE LICENSE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE BLACKBERRY FACEBOOK CLIENT OR ANY PORTION THEREOF, AS YOU HAVE NO RIGHT TO DO SO. Unless otherwise defined in this Addendum, all capitalized terms in this Addendum shall have the meanings ascribed to such capitalized terms in the BBSLA.
In order to ensure: (a) the basic terms are consistent for each of the Blackberry Handheld Software, the Blackberry Server Software and the Blackberry PC Software, when used as part of your Blackberry Solution; and (b) clarity with respect to which license terms apply to different components of the Blackberry Handheld Software when used as part of your Blackberry Solution, regardless of the manner in which you provisioned that Blackberry Handheld Software, BY INDICATING YOUR ACCEPTANCE TO THESE LICENSE TERMS IN THE MATTER SET OUT ABOVE, YOU ARE ALSO AGREEING, THAT AS OF THE DATE OF YOUR ACCEPTANCE OF THESE LICENSE TERMS, THE BBSLA REPLACES AND SUPERSEDES ANY EARLIER RIM SOFTWARE LICENSE AGREEMENT THAT OTHERWISE APPLIES TO SOFTWARE WHEN USED AS PART OF YOUR BLACKBERRY SOLUTION. IF YOU DO NOT HAVE THE CURRENT BBSLA READILY AVAILABLE, IT CAN BE FOUND AT WWW.BLACKBERRY.COM OR BY CONTACTING RIM AT LEGALINFO@RIM.COM.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE LICENSE TERMS, PLEASE CONTACT RIM AT legalinfo@rim.com. IF YOU ARE NOT PREPARED OR AUTHORIZED TO AGREE TO THESE LICENSE TERMS, DO NOT DOWNLOAD, INSTALL OR USE, THE BLACKBERRY FACEBOOK CLIENT, AS YOU HAVE NO RIGHT TO DO SO.
Unless otherwise defined in this Addendum, all capitalized terms in this Addendum shall have the meanings ascribed to such capitalized terms in the BBSLA.
BACKGROUND INFORMATION
The BlackBerry Facebook Client allows You to access The Facebook, Inc. ("Facebook") site (the "Facebook Site"), which allows You to access and/or otherwise transmits to You third party content ("Third Party Content"), third party services ("Third Party Services") and other websites ("Other Sites") provided by Facebook and/or other third parties. RIM is pleased to make available to You these features, but can only do so with Your clear understanding, acknowledgement and agreement that THE FACEBOOK SITE, OTHER SITES, THIRD PARTY SERVICES AND THIRD PARTY CONTENT ARE NOT UNDER THE CONTROL OF RIM. You will be required to enter into one or more agreements with Facebook to access the Facebook Site, and may be required to enter into one or more agreements with Facebook and/or other third parties to access Third Party Content, Third Party Services and Other Sites. You are responsible for complying with the terms and conditions of those agreements. You should take care to ensure You know who You are dealing with, and that You know the terms and conditions of all applicable agreements, including, without limitation, payment terms, privacy terms, privacy settings, and security features to protect Your private information and to ensure Your personal safety. If you are unsure whether RIM is the source of a website, content or service please contact RIM at legalinfo@rim.com.
SPECIFIC TERMS FOR THE BLACKBERRY FACEBOOK CLIENT
1. Definitions. For purposes of the License Terms, the BBSLA shall be amended as follows:
(a) Definition of Software. The definition of "BlackBerry Handheld Software" will be deemed to expressly include the BlackBerry Facebook Client.
2. Limited Support, No Warranty and No Liability. If, other than as expressly contemplated by this Agreement, the BlackBerry Facebook Client fails to operate in accordance with the Documentation within ninety (90) days following the date You install it on your Handheld Product, You may contact RIM and RIM shall use commercially reasonable efforts to correct or provide You with a workaround for such problem (which fix or workaround may be provided to You at RIM's reasonable discretion in one of a variety of forms, including in the course of telephonic or email customer support provided to You, in a generally available software fix release, on RIM's website or in any other form of which RIM advises You). However, You acknowledge and agree that because of the nature of the BlackBerry Facebook Client, RIM has no control over many of its features and functionality and may not be able to resolve a problem you encounter by expending reasonable commercial efforts or otherwise. The BlackBerry Facebook Client is provided to You as a free upgrade to RIM's BlackBerry Handheld Software, and enables You to access the Facebook Site, Third Party Content, Third Party Services and Other Sites over which RIM has no control. Accordingly, to the extent not specifically prohibited by the laws of Your jurisdiction: (a) this provision replaces and supercedes any express warranty for the BlackBerry Handheld Software set out in the BBSLA, and sets out Your sole remedy for any problems you encounter with the BlackBerry Facebook Client; (b) the BlackBerry Facebook Client, and any portion thereof, is made available to You "AS IS" and "AS AVAILABLE"; (c) RIM is not responsible for the availability, use, performance or non-performance, of the BlackBerry Facebook Client, Facebook Site, or for any Third Party Content, Third Party Services, or Other Sites to which You gain access by way of the BlackBerry Facebook Client; and (d) the Facebook Site may become unavailable to You at any time, and/or Your BlackBerry Facebook Client may at any time cease to be able to access the Facebook Site, and You will have no recourse against RIM should this occur.
You acknowledge that the disclaimers, limitations and exclusions set out above are in addition to those set out in the BBSLA for Your other BlackBerry Handheld Software, and reflect both the fact that the BlackBerry Facebook Client enables access to websites, content and services over which RIM has no control and is made available by RIM to You at no charge. You further acknowledge and agree that RIM would have to charge significant fees for the BlackBerry Facebook Client, and might not be able to offer the BlackBerry Facebook Client in the absence of such disclaimers, limitations and exclusions.
3. Termination. Without limiting the foregoing, given the potential for abuse of the Facebook Site, RIM reserves the right, but not the obligation, to terminate Your license to the BlackBerry Facebook Client at any time, for any reason, and to terminate Your access to the Facebook Site, without notice to You; however, if feasible, RIM will use commercially reasonable efforts to provide You with any such notice of termination.
4. Conflict. If any terms of this Addendum conflict with the terms of the BBSLA or with any addendum or amendment to such BBSLA, the terms of this Addendum shall govern to the extent of the inconsistency, but only as it applies to the BlackBerry Facebook Client.
I have reviewed and am prepared and authorized to accept these License Terms.
