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©2009 Plazmic Inc. All Rights Reserved. Plazmic and related trademarks, names and logos are the property of Plazmic Inc. and are registered and/or used in the U.S. and countries around the world. BlackBerry®, RIM®, Research In Motion®, SureType®, SurePress™ and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world. Used under license from Research In Motion Limited. Acrobat, Adobe, Flash, and Reader are trademarks of Adobe Systems Incorporated. Windows and Windows Vista are trademarks of Microsoft Corporation. Intel and Pentium are trademarks of Intel Corporation.All other trademarks are the property of their respective owners.

The BlackBerry smartphone and other devices and/or associated software are protected by copyright, international treaties, and various patents, including one or more of the following U.S. patents: 6,278,442; 6,271,605; 6,219,694; 6,075,470; 6,073,318; D445,428; D433,460; D416,256. Other patents are registered or pending in the U.S. and in various countries around the world. Visit www.rim.com/patents for a list of RIM (as hereinafter defined) patents.

This documentation including all documentation incorporated by reference herein such as those provided or made available by hyperlink is provided or made accessible "AS IS" and "AS AVAILABLE" and without condition, endorsement, guarantee, representation or warranty of any kind by Plazmic Inc., its parent, subsidiary and affiliated companies ("Plazmic") and Plazmic assumes no responsibility for any typographical, technical, or other inaccuracies, errors or omissions in this documentation. In order to protect Plazmic proprietary and confidential information and/or trade secrets, this documentation may describe some aspects of Plazmic technology in generalized terms. Plazmic reserves the right to periodically change information that is contained in this documentation; however, Plazmic makes no commitment to provide any such changes, updates, enhancements, or other additions to this documentation to you in a timely manner or at all. PLAZMIC MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY, DURABILITY, TITLE, OR RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF ANY SOFTWARE REFERENCED HEREIN OR PERFORMANCE OF ANY SERVICES REFERENCED HEREIN). IN CONNECTION WITH YOUR USE OF THIS DOCUMENTATION, NEITHER PLAZMIC NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR CONSULTANTS SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER BE THEY DIRECT, ECONOMIC, COMMERCIAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS, LOST PROFITS, OR A FAILURE TO REALIZE EXPECTED SAVINGS.

This documentation might contain references to third-party sources of information, hardware or software, products or services including components and content such as content protected by copyright and/or third-party web sites (collectively the "Third Party Products and Services"). Plazmic does not control, and is not responsible for, any Third Party Products and Services including, without limitation the content, accuracy, copyright compliance, compatibility, performance, trustworthiness, legality, decency, links, or any other aspect of Third Party Products and Services. The inclusion of a reference to Third Party Products and Services in this documentation does not imply endorsement by Plazmic of the Third Party Products and Services or the third party in any way.

EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, OR RELATED TO THE documentation or its use, or PERFORMANCE OR NON-PERFORMANCE OF ANY SOFTWARE, HARDWARE, service, or any Third Party Products and Services REFERENCED HEREIN, ARE HEREBY EXCLUDED. You may also have other rights that vary by state or province. Some jurisdictions may not allow the exclusion or limitation of implied warranties and conditions. To the extent permitted by law, any implied warranties or conditions relating to the documentation to the extent they cannot be excluded as set out above, but can be limited, are hereby limited to ninety (90) days from the date You first acquired the documentation OR THE ITEM THAT IS THE SUBJECT OF THE CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT SHALL RIM BE LIABLE FOR ANY TYPE OF DAMAGES RELATED TO THIS DOCUMENTATION OR ITS USE, or PERFORMANCE OR NON-PERFORMANCE OF ANY SOFTWARE, HARDWARE, service, or any Third Party Products and Services REFERENCED HEREIN INCLUDING WITHOUT LIMITATION ANY of the following DAMAGES: DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH RIM PRODUCTS OR SERVICES, DOWNTIME COSTS, LOSS OF THE USE OF RIM PRODUCTS OR SERVICES OR ANY PORTION THEREOF OR OF ANY 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, PLAZMIC 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 OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B) TO PLAZMIC AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS (INCLUDING AIRTIME SERVICE PROVIDERS), AUTHORIZED PLAZMIC DISTRIBUTORS (ALSO INCLUDING AIRTIME SERVICE PROVIDERS) AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND INDEPENDENT CONTRACTORS.

IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTOR, EMPLOYEE, AGENT, DISTRIBUTOR, SUPPLIER, INDEPENDENT CONTRACTOR OF PLAZMIC OR ANY AFFILIATES OF PLAZMIC HAVE ANY LIABILITY ARISING FROM OR RELATED TO THE DOCUMENTATION.

Prior to subscribing for, installing or using any Third Party Products and Services it is your responsibility to ensure that your airtime service provider has agreed to support all of their features. Installation or use of Third Party Products and Services with Plazmic's products and services may require one or more patent, trademark, copyright or other licenses in order to avoid infringement or violation of third party rights. You are solely responsible for determining whether to use, Third Party Products and Services and if any third party licenses are required to do so. If required you are responsible for acquiring them. You should not install or use Third Party Products and Services until all necessary licenses have been acquired. Any Third Party Products and Services that are provided with Plazmic's products and services are provided as a convenience to you and are provided 'AS IS' with no express or implied conditions, endorsements, guarantees, representations or warranties of any kind by Plazmic and Plazmic assumes no liability whatsoever, in relation thereto. Your use of Third Party Products and Services shall be governed by and subject to you agreeing to the terms of separate licenses and other agreements applicable thereto with third parties, except to the extent expressly covered by a license or other agreement with Plazmic.

The terms of use of any Plazmic product or service are set out in a separate license or other agreement with Plazmic applicable thereto. NOTHING IN THIS DOCUMENTATION IS INTENDED TO SUPERSEDE ANY EXPRESS WRITTEN AGREEMENTS OR WARRANTIES PROVIDED BY PLAZMIC FOR PORTIONS OF any Plazmic product or service OTHER THAN THIS DOCUMENTATION.


Plazmic Inc.
295 Phillip Street
Waterloo ON N2L 3W8
Canada

Published in Canada

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