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 BLACKBERRY 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 BLACKBERRY PRODUCTS
OR SERVICES, DOWNTIME COSTS, LOSS OF THE USE OF BLACKBERRY 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
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION,
BLACKBERRY SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN
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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 BLACKBERRY AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS,
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