Common use of Limitations and Restrictions Applicable to Evaluation Licenses and Early Access Licenses Clause in Contracts

Limitations and Restrictions Applicable to Evaluation Licenses and Early Access Licenses. All Software delivered under an Early Access License and/or an Evaluation License, shall be deemed “Software” and subject to all the general restrictions on use, warranty disclaimers and liability limitations stated herein. Notwithstanding any contrary term specified in any other sections of this Agreement, with respect to all Software delivered under an Early Access License and/or an Evaluation License, the following terms apply and override any other term in this Agreement: (a) all such Software is provided “as is” without any warranties, representations or conditions of any kind; (b) Customer shall not be entitled to any Maintenance and Support with respect to such Software and any Upgrades of such Software provided by BlackBerry, are provided at BlackBerry’s sole discretion; (c) either Party may terminate the license to such Software with ten (10) days written notice to the other party; and (d) upon termination of the license or expiration of the Evaluation Period or commercial release of such Experimental Software delivered under an Early Access License (as relevant), unless a license to the relevant Software is purchased under a separate Order, Customer shall promptly remove all copies of such Software from its systems, and upon request provide BlackBerry written certification of the same.

Limitations and Restrictions Applicable to Evaluation Licenses and Early Access Licenses. All Software delivered under an Early Access License and/or an Evaluation License, shall be deemed “Software” and subject to all the general restrictions on use, warranty disclaimers and liability limitations stated herein. Notwithstanding any contrary term specified in any other sections of this Agreement, with respect to all Software delivered under an Early Access License and/or an Evaluation License, the following terms apply and override any other term in this Agreement: (a) all such Software is provided “as is” without any warranties, representations or conditions of any kind; (b) Customer shall not be entitled to any Maintenance and Support with respect to such Software and any Upgrades Updates of such Software provided by BlackBerry, are provided at BlackBerry’s sole discretion; (c) either Party may terminate the license to such Software with ten (10) days written notice to the other party; and (d) upon termination of the license or expiration of the Evaluation Period or commercial release of such Experimental Software delivered under an Early Access License (as relevant), unless a license to the relevant Software is purchased under a separate Order, Customer shall promptly remove all copies of such Software from its systems, and upon request provide BlackBerry written certification of the same.