Research In Motion Limited or one of its affiliates ("RIM") is pleased to make available to you individually, or if you are authorized to acquire the Beta Software (as defined below) on behalf of your company or another entity, the entity for whose benefit you act (in either case, â€œYouâ€�), at no charge, a beta version of BlackBerry Tablet OS software version 2.1 (â€œBeta Softwareâ€�).
The Beta Software is licensed to You by RIM under the current version of RIMâ€™s BlackBerry Solution License Agreement (â€œBBSLAâ€�) for Your jurisdiction, as amended by the terms set forth below. These terms, together with the BBSLA, form an agreement between You and RIM with respect to Your use of the Beta Software (â€œBeta License Agreementâ€�) and supersedes any agreement that You may be presented with when installing or launching the Beta Software.
BY CLICKING "I AGREE" WHERE PROVIDED BELOW, YOU ARE AGREEING THAT THE TERMS OF THE BBSLA AS AMENDED BY THE TERMS SET FORTH BELOW APPLY TO YOUR USE OF THE BETA SOFTWARE.
IF YOU DO NOT HAVE THE CURRENT BBSLA READILY AVAILABLE, IT CAN BE FOUND AT https://www.blackberry.com/legal/ OR BY CONTACTING RIM AT LEGALINFO@BLACKBERRY.COM.AMENDMENTS AND ADDITIONS TO THE BBSLA
1. Definitions. All capitalized terms herein have the meaning set out in the BBSLA unless otherwise indicated. For the purposes of the Beta License Agreement only, all references in the BBSLA to â€œAgreementâ€� are replaced with â€œBeta License Agreementâ€� and the term "Software" includes the "Beta Software".
2. Confidentiality. You acknowledge and agree that: (a) subject to sub-paragraph (d), the successful market launch of commercial versions of RIM products and/or services requires You to keep all information provided to You by RIM in connection with this Beta Software testing program, including, without limitation, the Beta Software (the "Content") strictly confidential; (b) the premature release of any of the Content would damage RIMâ€™s competitive edge and intellectual property rights; (c) the Content shall not be shared with anyone other than Your Authorized Users; and (d) only Content that has been publicly released by RIM may be discussed or shown to the public.
3. Beta Software License. For the purpose of this Beta License Agreement only, Sections 2(a) and (b) of the BBSLA, "Software and Documentation License", are hereby deleted in its entirety and replaced with the following "Beta Software License": The Beta Software is licensed, and not sold, under this Beta License Agreement. Subject to the provisions herein, this Beta License Agreement grants You a temporary, personal, non-exclusive, non transferable, revocable, royalty-free license to install and use a copy of the Beta Software on a BlackBerry PlayBook tablet for the purpose of enabling, and solely to the extent necessary to enable, You, and Your Authorized Users to test the Beta Software, including testing the performance of applications developed by You in conjunction with the Beta Software, and to provide Feedback to RIM regarding the Beta Software. Any right or license granted by RIM pursuant to this Beta License Agreement will automatically terminate upon the earlier of the following (i) the expiration of the applicable test period, if such a period is identified on the website on which You registered to obtain the Beta Software ("Registration Site"); or (ii) upon notice by RIM, which shall be deemed to have been duly given when transmitted to the email address furnished by You when registered at the Registration Site, and if You provided no such email address, notice may be duly given when prominently posted on the Registration Site and/or http://www.blackberry.com/legal. Upon the expiration or termination of the rights or license granted to You pursuant to this Beta License Agreement, You must immediately cease using the Beta Software and delete all copies of the Beta Software in Your possession or control.
4. No Warranty and No Liability. You understand and agree that the intent of this Beta Software program is to test pre-commercial Software and Services which may contain bugs or other errors, and may not yet have the approvals and certifications necessary for commercial deployment. Accordingly, in addition to the restrictions in the BBSLA on using Your BlackBerry Solution for mission critical applications, in no event shall You use the Beta Software or any Services accessible through the use of the Beta Software in any productive or other environment where You are relying on the performance of the Beta Software or Services. FURTHER, NOTWITHSTANDING ANY PROVISION IN THE BBSLA TO THE CONTRARY (including without limitation anything contrary within the Sections 16, 19 and 20 of the BBSLA, entitled â€˜Limited Warrantiesâ€™, â€˜Disclaimerâ€™ and â€˜Limitation of Liabilityâ€™ respectively), EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW IN YOUR JURISDICTION, THE BETA SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE". ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS AND 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. ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, AND IN ADDITION TO THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ON LIABILITY SET OUT IN THE BBSLA, RIM IS NOT RESPONSIBLE FOR THE AVAILABILITY, USE, PERFORMANCE OR NON-PERFORMANCE OF THE BETA SOFTWARE, AND IN NO EVENT SHALL RIM BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BETA SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION THAT GIVES RISE TO SUCH DAMAGES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.