Common use of Software and Documentation License Clause in Contracts

Software and Documentation License. The Software is licensed and not sold under this Agreement. Your license to use the Software is conditional upon payment of the applicable license fees, if any. Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-transferable license that permits You and Your Authorised Users, collectively: (a) if the Software is BlackBerry Server Software: (i) to install and use up to the number of copies (including virtual copies) of the Software for which license fees have been paid to RIM or RIM's authorised distributor (and if no fees for the Software are payable to RIM or RIM's authorised distributor, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor); and (ii) to enable up to the number of Handheld Products or personal computers, as applicable, for which fees have been paid to RIM or RIM's authorised distributor (e.g. number of client access licenses ("CALs") purchased for BlackBerry Enterprise Software) to access the Software (and if no fees are payable to RIM or RIM's authorised distributor to enable Handheld Products to access the Software, then to enable up to the number of Handheld Products or personal computers otherwise authorised in writing by RIM or its authorised distributor); and (b) if the Software is BlackBerry Handheld Software or BlackBerry PC Software and: (i) is pre-installed on hardware, then, to use the single copy of that Software installed on the hardware; or (ii) is not pre-installed on hardware, then, to install and use the Software on the number of units of the applicable hardware corresponding to the license fees for the Software paid to RIM or RIM's authorised distributor (and if no fees are payable to RIM or RIM's authorised distributor for the Software, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor). If You are acquiring the Software (and any associated CALs) on a subscription basis or as part of a free trial, then the license rights set out above apply only for the time period for which you have paid the requisite subscription fees or for the time period authorised by RIM or its authorised distributor, as the case may be. In all cases, the license(s) granted under this Agreement, permit You and Your Authorised Users to use or allow the use of the Software or to access the RIM Services only for Your own internal or personal purposes and only as part of Your BlackBerry Solution. If an Authorised User also wishes to use the BlackBerry Handheld Software as part of another BlackBerry Solution (i.e. a BlackBerry Solution comprised in part of RIM proprietary products, software or services which You, or someone acting on Your behalf, have not obtained, installed or provisioned, and You are prepared to permit, but not accept responsibility for, such use; "Other BlackBerry Solution"), then that use is not covered by this license agreement and You must require the Authorised User to enter into a separate license agreement with RIM entitling him or her to use the Software as part of the Other BlackBerry Solution. For example, if You are a corporation and Your employee wishes to use the BlackBerry Handheld Software in conjunction with his or her personal BlackBerry Prosumer Services or the Windows Live Messenger client Software, and You are prepared to permit, but not take responsibility for such use, then that use is not covered by this Agreement with "You" as a corporation and You are not responsible for it, provided that You have confirmed with the Authorised User that he or she has entered into this Agreement in their personal capacity in relation to their use of that Software as part of the Other BlackBerry Solution. Similarly if You have a Hosted BES Access Agreement in place, Your customers must enter into a BBSLA in order to use the BlackBerry Enterprise Server Software as part of their BlackBerry Solution). Updates and Upgrades. This Agreement and the licenses granted herein, do not imply any rights or entitlement to: (A) future upgrades or updates of the Software or Third Party Software; (B) in the case of BlackBerry Handheld Software on a Handheld Product, the ability to access applications, other than those included in the Software; or (C) acquire any new or modified RIM Services. Notwithstanding the foregoing, the Software may include functionality to automatically check for updates or upgrades to the Software, and You may be required to update Software or Third Party Software in order to continue to access or use certain RIM Services, other new Software or Third Party Items or Third Party Services or portions thereof. Unless You, or a third party with whom You have an agreement to provide Your BlackBerry Solution or portions thereof to You, configures Your BlackBerry Solution to preclude the transmission or use of upgrades or updates to the Software, Third Party Software or RIM Services, You hereby agree that RIM may (but is not obligated to) make such updates or upgrades available to You from time-to-time. Any updates or upgrades provided to You by RIM under this Agreement shall be considered BlackBerry Handheld Software, BlackBerry PC Software, BlackBerry Server Software, RIM Services or Third Party Software, as the case may be. Beta Products. If the Software , or any Service accessed through the Software, is identified as pre-commercial, evaluation, "alpha" or "beta" software ("Beta Software" and "Beta Service" respectively), the license rights set out above with respect to Your use of such Beta Software or access to the Beta Services apply only for the time period authorised by RIM ("Test Period") and solely to the extent necessary to enable You, and Your Authorised Users (there are no Authorised Users for Beta Software or Beta Services if You are an individual) to test and provide Feedback to RIM regarding the Beta Software and Beta Services, and any RIM Product provided by RIM for use with the Beta Software ("Beta Hardware", and together with Beta Software and Beta Services, "Beta Products"); and if Beta Software or other Beta Products are provided as part of a RIM developer program, to develop software applications for use solely with the applicable Software, or commercial versions of the Beta Software or other Beta Products, if and when they are commercially released by RIM. Such license will automatically terminate upon the expiration of the Test Period, which period may be extended or terminated by RIM at any time, in its sole discretion, but, unless You are in breach of this Agreement, RIM will, if feasible, use commercially reasonable efforts to provide You with prior notice of any change to the duration of the Test Period. Notwithstanding the Test Period, You acknowledge and agree that RIM may include technical measures in the Beta Products that render them inoperable after a specified period of time and You agree that You will not circumvent such technical measures, nor attempt to do so. In consideration of the grant of license to the Beta Products, You agree that You will provide RIM with Feedback on Beta Products as RIM reasonably requests, including ongoing feedback regarding bugs and faults experienced during the Test Period, without any compensation or reimbursement of any kind from RIM, and that the Section below entitled "Feedback" will apply to such Feedback. RIM may specifically request that You complete a survey related to a specific Beta Product and You agree to complete any such surveys.

Software and Documentation License. The Software is licensed and not sold under this Agreement. Your license to use the Software is conditional upon payment of the applicable license fees, if any. Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-transferable license that permits You and Your Authorised Users, collectively: (a) if the Software is BlackBerry Server Software: (i) to install and use up to the number of copies (including virtual copies) of the Software corresponding to the fees for which license fees have been the Software paid to RIM or RIM's authorised distributor (and if no fees for the Software are payable to RIM or RIM's authorised distributor, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor); and (ii) to enable up to the number of Handheld Products or personal computers, as applicable, for which corresponding to the fees have been paid to RIM or RIM's authorised distributor (e.g. number of client access licenses ("CALs") purchased for BlackBerry Enterprise Software) to access the Software (and if no fees are payable to RIM or RIM's authorised distributor to enable Handheld Products to access the Software, then to enable up to the number of Handheld Products or personal computers otherwise authorised in writing by RIM or its authorised distributor) (for example, if You are running "BlackBerry Enterprise Server" software, You must acquire client access licenses ("CALs") for the number of Handheld Products used in conjunction with that type of BlackBerry Server Software or otherwise obtain authorization from RIM setting out the number of Authorised Users that are permitted to access that Software); and (b) if the Software is BlackBerry Handheld Software or BlackBerry PC Software and: (i) if the Software is pre-installed on hardware, then, to use the single copy of that Software installed on the hardware; or (ii) if the Software is not pre-installed on hardware, then, to install and use the Software on the number of units of the applicable hardware corresponding to the license fees for the Software paid to RIM or RIM's authorised distributor (and if no fees are payable to RIM or RIM's authorised distributor for the Software, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor). If You are acquiring the Software (and any associated CALs) on a subscription basis or as part of a free trial, then the license rights set out above apply only for the time period for which you have paid the requisite subscription fees or for the time period authorised by RIM or its authorised distributor, as the case may be). In all cases, the license(s) granted under this Agreement, Agreement permit You and Your Authorised Users to use or allow the use of the Software or to access the RIM Services only for Your own internal or personal purposes and only as part of Your BlackBerry Solution. If an Authorised User also wishes to use the BlackBerry Handheld Software as part of another BlackBerry Solution solution (i.e. a BlackBerry Solution solution comprised in part of RIM proprietary products, software or services which You, or someone acting on Your behalf, have not obtained, installed or provisioned, and You are prepared to permit, but not accept responsibility for, such use; "Other BlackBerry Solution"), then that use is not covered by this license agreement and You must require the Authorised User to enter into a separate license agreement with RIM entitling him or her to use the BlackBerry Handheld Software as part of the Other BlackBerry Solution. For example, (e.g. if You are a corporation and Your employee wishes to use the BlackBerry Handheld Software Software, in conjunction with his or her personal BlackBerry Prosumer Services or the Windows Live Messenger client SoftwareServices, and You are prepared to permit, permit but not to take responsibility for such use, then that use is not covered by Your employee must, in addition to being an Authorised User under this Agreement, enter into a BlackBerry Software License Agreement with "You" as a corporation and You are not responsible for itRIM, provided that You have confirmed in his or her personal capacity, entitling use of the Software with this Other BlackBerry Solution. In most cases the Authorised User that BlackBerry Software License Agreement will be presented to the individual when he or she has entered into this Agreement in their personal capacity in relation to their provisions the BlackBerry Handheld Software for use of that Software as part of the Other with BlackBerry SolutionProsumer Services, and is otherwise available from RIM at xxx.xxxxxxxxxx.xxx/xxxxx. Similarly if You have a Hosted BES Access Agreement in place, Your customers must enter into a BBSLA the Agreement in order to use the BlackBerry Enterprise Server Software as part of their BlackBerry Solution). Updates and Upgrades. This Agreement and the licenses granted herein, do not imply any rights or entitlement to: : (Aa) future upgrades or updates of the Software or Third Party Software; (Bb) in the case of BlackBerry Handheld Software on a Handheld Product, the ability to access applications, other than those included in the Software; or (Cc) acquire any new or modified RIM Services. Notwithstanding the foregoing, the Software may include functionality to automatically check for updates or upgrades to the Software, and You may be required to update Software or Third Party Software in order to continue to access or use certain RIM Services, other new Software or Third Party Items or Third Party Services or portions thereof. Unless You, or a third party with whom You have an agreement to provide Your BlackBerry Solution or portions thereof to You, configures Your BlackBerry Solution to preclude the transmission or use of upgrades or updates to the Software, Third Party Software or RIM Services, You hereby agree that RIM may (but is not obligated to) make such updates or upgrades available to You from time-to-time. Any If RIM, either directly or through a distributor (including Your Airtime Service Provider) makes any updates or upgrades to the Software or Services available to You, such updates or upgrades shall be subject to the terms and conditions of this Agreement unless the Software or Service(s) is expressly provided to You by RIM under this Agreement shall be considered BlackBerry Handheld Software, BlackBerry PC Software, BlackBerry Server Software, RIM Services or Third Party Software, as the case may be. Beta Products. If the Software other, or any Service accessed through additional terms and conditions, in which case, if You accept the associated terms and conditions or use the update or upgrade, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply. You may not print, distribute or modify the Software, in whole or in part. Except to the extent that RIM is identified expressly precluded by law from prohibiting these activities, You may not copy, reproduce or in any other manner duplicate the Software, in whole or in part, except as pre-commercial, evaluation, authorised in this Agreement or in a separate written agreement between You and RIM. For the purposes of this provision "alphacopy" or "betareproduce" software ("Beta Software" shall not include copying of statements and "Beta Service" respectively), instructions of the license rights set out above Software that naturally occurs during normal program execution when used in accordance with respect to Your use and for the purposes described in the Documentation or in the course of such Beta making unmodified regular back-ups of the Software or access to the Beta Services apply only for the time period authorised by RIM ("Test Period") and solely to the extent necessary to enable You, and Your Authorised Users (there are no Authorised Users for Beta Software or Beta Services if You are an individual) to test and provide Feedback to RIM regarding the Beta Software and Beta Services, and any RIM Product provided by RIM for use with the Beta Software ("Beta Hardware", and together with Beta Software and Beta Services, "Beta Products"); and if Beta Software or other Beta Products are provided as part of a RIM developer program, to develop software applications for use solely with the applicable Software, or commercial versions of the Beta computer or system on which the Software is installed, in accordance with industry standard business practices. You may not copy any Documentation or other Beta Products, if and when they are commercially released portion thereof unless specifically authorised in writing to do so by RIM. Such license will automatically terminate upon the expiration You may download a single copy of the Test Period, which period may be extended or terminated by RIM at any time, Documentation from xxxx://xxxx.xxxxxxxxxx.xxx solely for Your use under these terms and conditions and in its sole discretion, but, unless You are in breach of this Agreement, RIM will, if feasible, conjunction with the use commercially reasonable efforts to provide You with prior notice of any change to the duration of the Test Period. Notwithstanding the Test Period, You acknowledge and agree that RIM may include technical measures in the Beta Products that render them inoperable after a specified period of time and You agree that You will not circumvent such technical measures, nor attempt to do so. In consideration of the grant of license to the Beta Products, You agree that You will provide RIM with Feedback on Beta Products as RIM reasonably requests, including ongoing feedback regarding bugs and faults experienced during the Test Period, without any compensation or reimbursement of any kind from RIM, and that the Section below entitled "Feedback" will apply to such Feedback. RIM may specifically request that You complete a survey related to a specific Beta Product and You agree to complete any such surveysSoftware.

Software and Documentation License. The Software is licensed and not sold under this Agreement. Your license to use the Software is conditional upon payment of the applicable license fees, if any. Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-transferable license that permits You and Your Authorised Users, collectively: (a) if the Software is BlackBerry Server Software: (i) to install and use up to the number of copies (including virtual copies) of the Software corresponding to the fees for which license fees have been the Software paid to RIM or RIM's authorised distributor (and if no fees for the Software are payable to RIM or RIM's authorised distributor, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor); and (ii) to enable up to the number of Handheld Products or personal computers, as applicable, for which corresponding to the fees have been paid to RIM or RIM's authorised distributor (e.g. number of client access licenses ("CALs") purchased for BlackBerry Enterprise Software) to access the Software (and if no fees are payable to RIM or RIM's authorised distributor to enable Handheld Products to access the Software, then to enable up to the number of Handheld Products or personal computers otherwise authorised in writing by RIM or its authorised distributor) (for example, if You are running "BlackBerry Enterprise Server" software, You must acquire client access licenses ("CALs") for the number of Handheld Products used in conjunction with that type of BlackBerry Server Software or otherwise obtain authorisation from RIM setting out the number of Authorised Users that are permitted to access that Software); and (b) if the Software is BlackBerry Handheld Software or BlackBerry PC Software and: (i) if the Software is pre-installed on hardware, then, to use the single copy of that Software installed on the hardware; or (ii) if the Software is not pre-installed on hardware, then, to install and use the Software on the number of units of the applicable hardware corresponding to the license fees for the Software paid to RIM or RIM's authorised distributor (and if no fees are payable to RIM or RIM's authorised distributor for the Software, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor). If You are acquiring the Software (and any associated CALs) on a subscription basis or as part of a free trial, then the license rights set out above apply only for the time period for which you have paid the requisite subscription fees or for the time period authorised by RIM or its authorised distributor, as the case may be). In all cases, the license(s) granted under this Agreement, Agreement permit You and Your Authorised Users to use or allow the use of the Software or to access the RIM Services only for Your own internal or personal purposes and only as part of Your BlackBerry Solution. If an Authorised User also wishes to use the BlackBerry Handheld Software as part of another BlackBerry Solution solution (i.e. a BlackBerry Solution solution comprised in part of RIM proprietary products, software or services which You, or someone acting on Your behalf, have not obtained, installed or provisioned, and You are prepared to permit, but not accept responsibility for, such use; "Other BlackBerry Solution"), then that use is not covered by this license agreement and You must require the Authorised User to enter into a separate license agreement with RIM entitling him or her to use the BlackBerry Handheld Software as part of the Other BlackBerry Solution. For example, (e.g. if You are a corporation and Your employee wishes to use the BlackBerry Handheld Software Software, in conjunction with his or her personal BlackBerry Prosumer Services or the Windows Live Messenger client SoftwareServices, and You are prepared to permit, permit but not to take responsibility for such use, then that use is not covered by Your employee must, in addition to being an Authorised User under this Agreement, enter into a BlackBerry Software License Agreement with "You" as a corporation and You are not responsible for itRIM, provided that You have confirmed in his or her personal capacity, entitling use of the Software with this Other BlackBerry Solution. In most cases the Authorised User that BlackBerry Software License Agreement will be presented to the individual when he or she has entered into this Agreement in their personal capacity in relation to their provisions the BlackBerry Handheld Software for use of that Software as part of the Other with BlackBerry SolutionProsumer Services, and is otherwise available from RIM at xxx.xxxxxxxxxx.xxx/xxxxx. Similarly if You have a Hosted BES Access Agreement in place, Your customers must enter into a BBSLA the Agreement in order to use the BlackBerry Enterprise Server Software as part of their BlackBerry Solution). Updates and Upgrades. This Agreement and the licenses granted herein, do not imply any rights or entitlement to: : (Aa) future upgrades or updates of the Software or Third Party Software; (Bb) in the case of BlackBerry Handheld Software on a Handheld Product, the ability to access applications, other than those included in the Software; or (Cc) acquire any new or modified RIM Services. Notwithstanding the foregoing, the Software may include functionality to automatically check for updates or upgrades to the Software, and You may be required to update Software or Third Party Software in order to continue to access or use certain RIM Services, other new Software or Third Party Items or Third Party Services or portions thereof. Unless You, or a third party with whom You have an agreement to provide Your BlackBerry Solution or portions thereof to You, configures Your BlackBerry Solution to preclude the transmission or use of upgrades or updates to the Software, Third Party Software or RIM Services, You hereby agree that RIM may (but is not obligated to) make such updates or upgrades available to You from time-to-time. Any If RIM, either directly or through a distributor (including Your Airtime Service Provider) makes any updates or upgrades to the Software or Services available to You, such updates or upgrades shall be subject to the terms and conditions of this Agreement unless the Software or Service(s) is expressly provided to You by RIM under this Agreement shall be considered BlackBerry Handheld Software, BlackBerry PC Software, BlackBerry Server Software, RIM Services or Third Party Software, as the case may be. Beta Products. If the Software other, or any Service accessed through additional terms and conditions, in which case, if You accept the associated terms and conditions or use the update or upgrade, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply. You may not print, distribute or modify the Software, in whole or in part. Except to the extent that RIM is identified expressly precluded by law from prohibiting these activities, You may not copy, reproduce or in any other manner duplicate the Software, in whole or in part, except as pre-commercial, evaluation, authorised in this Agreement or in a separate written agreement between You and RIM. For the purposes of this provision "alphacopy" or "betareproduce" software ("Beta Software" shall not include copying of statements and "Beta Service" respectively), instructions of the license rights set out above Software that naturally occurs during normal program execution when used in accordance with respect to Your use and for the purposes described in the Documentation or in the course of such Beta making unmodified regular back-ups of the Software or access to the Beta Services apply only for the time period authorised by RIM ("Test Period") and solely to the extent necessary to enable You, and Your Authorised Users (there are no Authorised Users for Beta Software or Beta Services if You are an individual) to test and provide Feedback to RIM regarding the Beta Software and Beta Services, and any RIM Product provided by RIM for use with the Beta Software ("Beta Hardware", and together with Beta Software and Beta Services, "Beta Products"); and if Beta Software or other Beta Products are provided as part of a RIM developer program, to develop software applications for use solely with the applicable Software, or commercial versions of the Beta computer or system on which the Software is installed, in accordance with industry standard business practices. You may not copy any Documentation or other Beta Products, if and when they are commercially released portion thereof unless specifically authorised in writing to do so by RIM. Such license will automatically terminate upon the expiration You may download a single copy of the Test Period, which period may be extended or terminated by RIM at any time, Documentation from xxxx://xxxx.xxxxxxxxxx.xxx solely for Your use under these terms and conditions and in its sole discretion, but, unless You are in breach of this Agreement, RIM will, if feasible, conjunction with the use commercially reasonable efforts to provide You with prior notice of any change to the duration of the Test Period. Notwithstanding the Test Period, You acknowledge and agree that RIM may include technical measures in the Beta Products that render them inoperable after a specified period of time and You agree that You will not circumvent such technical measures, nor attempt to do so. In consideration of the grant of license to the Beta Products, You agree that You will provide RIM with Feedback on Beta Products as RIM reasonably requests, including ongoing feedback regarding bugs and faults experienced during the Test Period, without any compensation or reimbursement of any kind from RIM, and that the Section below entitled "Feedback" will apply to such Feedback. RIM may specifically request that You complete a survey related to a specific Beta Product and You agree to complete any such surveysSoftware.

Software and Documentation License. The Software is licensed and not sold under this Agreement. Your license to use the Software is conditional upon payment of the applicable license fees, if any. Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-non- exclusive, non-transferable license that permits You and Your Authorised Users, collectively: (a) if the Software is BlackBerry Server Software: (i) to install and use up to the number of copies (including virtual copies) of the Software for which license fees have been paid to RIM or RIM's authorised distributor (and if no fees for the Software are payable to RIM or RIM's authorised distributor, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor); and (ii) to enable up to the number of Handheld Products or personal computers, as applicable, for which fees have been paid to RIM or RIM's authorised distributor (e.g. number of client access licenses ("CALs") purchased for BlackBerry Enterprise Software) to access the Software (and if no fees are payable to RIM or RIM's authorised distributor to enable Handheld Products to access the Software, then to enable up to the number of Handheld Products or personal computers otherwise authorised in writing by RIM or its authorised distributor); and (b) if the Software is BlackBerry Handheld Software or BlackBerry PC Software and: (i) is pre-installed on hardware, then, to use the single copy of that Software installed on the hardware; or (ii) is not pre-installed on hardware, then, to install and use the Software on the number of units of the applicable hardware corresponding to the license fees for the Software paid to RIM or RIM's authorised distributor (and if no fees are payable to RIM or RIM's authorised distributor for the Software, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor). If You are acquiring the Software (and any associated CALs) on a subscription basis or as part of a free trial, then the license rights set out above apply only for the time period for which you have paid the requisite subscription fees or for the time period authorised by RIM or its authorised distributor, as the case may be. In all cases, the license(s) granted under this Agreement, permit You and Your Authorised Users to use or allow the use of the Software or to access the RIM Services only for Your own internal or personal purposes and only as part of Your BlackBerry Solution. If an Authorised User also wishes to use the BlackBerry Handheld Software as part of another BlackBerry Solution (i.e. a BlackBerry Solution comprised in part of RIM proprietary products, software or services which You, or someone acting on Your behalf, have not obtained, installed or provisioned, and You are prepared to permit, but not accept responsibility for, such use; "Other BlackBerry Solution"), then that use is not covered by this license agreement and You must require the Authorised User to enter into a separate license agreement with RIM entitling him or her to use the Software as part of the Other BlackBerry Solution. For example, if You are a corporation and Your employee wishes to use the BlackBerry Handheld Software in conjunction with his or her personal BlackBerry Prosumer Services or the Windows Live Messenger client Software, and You are prepared to permit, but not take responsibility for such use, then that use is not covered by this Agreement with "You" as a corporation and You are not responsible for it, provided that You have confirmed with the Authorised User that he or she has entered into this Agreement in their personal capacity in relation to their use of that Software as part of the Other BlackBerry Solution. Similarly if You have a Hosted BES Access Agreement in place, Your customers must enter into a BBSLA in order to use the BlackBerry Enterprise Server Software as part of their BlackBerry Solution). Updates and Upgrades. This Agreement and the licenses granted herein, do not imply any rights or entitlement to: (A) future upgrades or updates of the Software or Third Party Software; (B) in the case of BlackBerry Handheld Software on a Handheld Product, the ability to access applications, other than those included in the Software; or (C) acquire any new or modified RIM Services. Notwithstanding the foregoing, the Software may include functionality to automatically check for updates or upgrades to the Software, and You may be required to update Software or Third Party Software in order to continue to access or use certain RIM Services, other new Software or Third Party Items or Third Party Services or portions thereof. Unless You, or a third party with whom You have an agreement to provide Your BlackBerry Solution or portions thereof to You, configures Your BlackBerry Solution to preclude the transmission or use of upgrades or updates to the Software, Third Party Software or RIM Services, You hereby agree that RIM may (but is not obligated to) make such updates or upgrades available to You from time-to-time. Any updates or upgrades provided to You by RIM under this Agreement shall be considered BlackBerry Handheld Software, BlackBerry PC Software, BlackBerry Server Software, RIM Services or Third Party Software, as the case may be. Beta Products. If the Software , or any Service accessed through the Software, is identified as pre-commercial, evaluation, "alpha" or "beta" software ("Beta Software" and "Beta Service" respectively), the license rights set out above with respect to Your use of such Beta Software or access to the Beta Services apply only for the time period authorised by RIM ("Test Period") and solely to the extent necessary to enable You, and Your Authorised Users (there are no Authorised Users for Beta Software or Beta Services if You are an individual) to test and provide Feedback to RIM regarding the Beta Software and Beta Services, and any RIM Product provided by RIM for use with the Beta Software ("Beta Hardware", and together with Beta Software and Beta Services, "Beta Products"); and if Beta Software or other Beta Products are provided as part of a RIM developer program, to develop software applications for use solely with the applicable Software, or commercial versions of the Beta Software or other Beta Products, if and when they are commercially released by RIM. Such license will automatically terminate upon the expiration of the Test Period, which period may be extended or terminated by RIM at any time, in its sole discretion, but, unless You are in breach of this Agreement, RIM will, if feasible, use commercially reasonable efforts to provide You with prior notice of any change to the duration of the Test Period. Notwithstanding the Test Period, You acknowledge and agree that RIM may include technical measures in the Beta Products that render them inoperable after a specified period of time and You agree that You will not circumvent such technical measures, nor attempt to do so. In consideration of the grant of license to the Beta Products, You agree that You will provide RIM with Feedback on Beta Products as RIM reasonably requests, including ongoing feedback regarding bugs and faults experienced during the Test Period, without any compensation or reimbursement of any kind from RIM, and that the Section below entitled "Feedback" will apply to such Feedback. RIM may specifically request that You complete a survey related to a specific Beta Product and You agree to complete any such surveys.

Software and Documentation License. The Software is licensed and not sold under this Agreement. Your license to use the Software is conditional upon payment of the applicable license fees, if any. Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-non- transferable license that permits You and Your Authorised Users, collectively: (a) if the Software is BlackBerry Server Software: (i) to install and use up to the number of copies (including virtual copies) of the Software for which license fees have been paid to RIM or RIM's authorised distributor (and if no fees for the Software are payable to RIM or RIM's authorised distributor, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor); and (ii) to enable up to the number of Handheld Products or personal computers, as applicable, for which fees have been paid to RIM or RIM's authorised distributor (e.g. number of client access licenses ("CALs") purchased for BlackBerry Enterprise Software) to access the Software (and if no fees are payable to RIM or RIM's authorised distributor to enable Handheld Products to access the Software, then to enable up to the number of Handheld Products or personal computers otherwise authorised in writing by RIM or its authorised distributor); and (b) if the Software is BlackBerry Handheld Software or BlackBerry PC Software and: (i) is pre-installed on hardware, then, to use the single copy of that Software installed on the hardware; or (ii) is not pre-installed on hardware, then, to install and use the Software on the number of units of the applicable hardware corresponding to the license fees for the Software paid to RIM or RIM's authorised distributor (and if no fees are payable to RIM or RIM's authorised distributor for the Software, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor). If You are acquiring the Software (and any associated CALs) on a subscription basis or as part of a free trial, then the license rights set out above apply only for the time period for which you have paid the requisite subscription fees or for the time period authorised by RIM or its authorised distributor, as the case may be. In all cases, the license(s) granted under this Agreement, permit You and Your Authorised Users to use or allow the use of the Software or to access the RIM Services only for Your own internal or personal purposes and only as part of Your BlackBerry Solution. If an Authorised User also wishes to use the BlackBerry Handheld Software as part of another BlackBerry Solution (i.e. a BlackBerry Solution comprised in part of RIM proprietary products, software or services which You, or someone acting on Your behalf, have not obtained, installed or provisioned, and You are prepared to permit, but not accept responsibility for, such use; "Other BlackBerry Solution"), then that use is not covered by this license agreement and You must require the Authorised User to enter into a separate license agreement with RIM entitling him or her to use the Software as part of the Other BlackBerry Solution. For example, if You are a corporation and Your employee wishes to use the BlackBerry Handheld Software in conjunction with his or her personal BlackBerry Prosumer Services or the Windows Live Messenger client Software, and You are prepared to permit, but not take responsibility for such use, then that use is not covered by this Agreement with "You" as a corporation and You are not responsible for it, provided that You have confirmed with the Authorised User that he or she has entered into this Agreement in their personal capacity in relation to their use of that Software as part of the Other BlackBerry Solution. Similarly if You have a Hosted BES Access Agreement in place, Your customers must enter into a BBSLA in order to use the BlackBerry Enterprise Server Software as part of their BlackBerry Solution). Updates and Upgrades. This Agreement and the licenses granted herein, do not imply any rights or entitlement to: : (A) future upgrades or updates of the Software or Third Party Software; (B) in the case of BlackBerry Handheld Software on a Handheld Product, the ability to access applications, other than those included in the Software; or (C) acquire any new or modified RIM Services. Notwithstanding the foregoing, the Software may include functionality to automatically check for updates or upgrades to the Software, and You may be required to update Software or Third Party Software in order to continue to access or use certain RIM Services, other new Software or Third Party Items or Third Party Services or portions thereof. Unless You, or a third party with whom You have an agreement to provide Your BlackBerry Solution or portions thereof to You, configures Your BlackBerry Solution to preclude the transmission or use of upgrades or updates to the Software, Third Party Software or RIM Services, You hereby agree that RIM may (but is not obligated to) make such updates or upgrades available to You from time-to-time. Any updates or upgrades provided to You by RIM under this Agreement shall be considered BlackBerry Handheld Software, BlackBerry PC Software, BlackBerry Server Software, RIM Services or Third Party Software, as the case may be. Beta Products. If the Software , or any Service accessed through the Software, is identified as pre-commercial, evaluation, "alpha" or "beta" software ("Beta Software" and "Beta Service" respectively), the license rights set out above with respect to Your use of such Beta Software or access to the Beta Services apply only for the time period authorised by RIM ("Test Period") and solely to the extent necessary to enable You, and Your Authorised Users (there are no Authorised Users for Beta Software or Beta Services if You are an individual) to test and provide Feedback to RIM regarding the Beta Software and Beta Services, and any RIM Product provided by RIM for use with the Beta Software ("Beta Hardware", and together with Beta Software and Beta Services, "Beta Products"); and if Beta Software or other Beta Products are provided as part of a RIM developer program, to develop software applications for use solely with the applicable Software, or commercial versions of the Beta Software or other Beta Products, if and when they are commercially released by RIM. Such license will automatically terminate upon the expiration of the Test Period, which period may be extended or terminated by RIM at any time, in its sole discretion, but, unless You are in breach of this Agreement, RIM will, if feasible, use commercially reasonable efforts to provide You with prior notice of any change to the duration of the Test Period. Notwithstanding the Test Period, You acknowledge and agree that RIM may include technical measures in the Beta Products that render them inoperable after a specified period of time and You agree that You will not circumvent such technical measures, nor attempt to do so. In consideration of the grant of license to the Beta Products, You agree that You will provide RIM with Feedback on Beta Products as RIM reasonably requests, including ongoing feedback regarding bugs and faults experienced during the Test Period, without any compensation or reimbursement of any kind from RIM, and that the Section below entitled "Feedback" will apply to such Feedback. RIM may specifically request that You complete a survey related to a specific Beta Product and You agree to complete any such surveys.

Software and Documentation License. The Software is licensed and not sold under this Agreement. Your license to use the Software is conditional upon payment of the applicable license fees, if any. Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-transferable license that permits You and Your Authorised Users, collectively: (a) if the Software is BlackBerry Server Software: (i) to install and use up to the number of copies (including virtual copies) of the Software for which license fees have been paid to RIM or RIM's authorised distributor (and if no fees for the Software are payable to RIM or RIM's authorised distributor, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor); and (ii) to enable up to the number of Handheld Products or personal computers, as applicable, for which fees have been paid to RIM or RIM's authorised distributor (e.g. number of client access licenses ("CALs") purchased for BlackBerry Enterprise Software) to access the Software (and if no fees are payable to RIM or RIM's authorised distributor to enable Handheld Products to access the Software, then to enable up to the number of Handheld Products or personal computers otherwise authorised in writing by RIM or its authorised distributor); and (b) if the Software is BlackBerry Handheld Software or BlackBerry PC Software and: (i) is pre-installed on hardware, then, to use the single copy of that Software installed on the hardware; or (ii) is not pre-installed on hardware, then, to install and use the Software on the number of units of the applicable hardware corresponding to the license fees for the Software paid to RIM or RIM's authorised distributor (and if no fees are payable to RIM or RIM's authorised distributor for the Software, then to install and use up to the number of copies otherwise authorised in writing by RIM or its authorised distributor). If You are acquiring the Software (and any associated CALs) on a subscription basis or as part of a free trial, then the license rights set out above apply only for the time period for which you have paid the requisite subscription fees or for the time period authorised by RIM or its authorised distributor, as the case may be. In all cases, the license(s) granted under this Agreement, permit You and Your Authorised Users to use or allow the use of the Software or to access the RIM Services only for Your own internal or personal purposes and only as part of Your BlackBerry Solution. If an Authorised User also wishes to use the BlackBerry Handheld Software as part of another BlackBerry Solution (i.e. a BlackBerry Solution comprised in part of RIM proprietary products, software or services which You, or someone acting on Your behalf, have not obtained, installed or provisioned, and You are prepared to permit, but not accept responsibility for, such use; "Other BlackBerry Solution"), then that use is not covered by this license agreement and You must require the Authorised User to enter into a separate license agreement with RIM entitling him or her to use the Software as part of the Other BlackBerry Solution. For example, if You are a corporation and Your employee wishes to use the BlackBerry Handheld Software in conjunction with his or her personal BlackBerry Prosumer Services or the Windows Live Messenger client Software, and You are prepared to permit, but not take responsibility for such use, then that use is not covered by this Agreement with "You" as a corporation and You are not responsible for it, provided that You have confirmed with the Authorised User that he or she has entered into this Agreement in their personal capacity in relation to their use of that Software as part of the Other BlackBerry Solution. Similarly if You have a Hosted BES Access Agreement in place, Your customers must enter into a BBSLA in order to use the BlackBerry Enterprise Server Software as part of their BlackBerry Solution). Updates and Upgrades. This Agreement and the licenses granted herein, do not imply any rights or entitlement to: (A) future upgrades or updates of the Software or Third Party Software; (B) in the case of BlackBerry Handheld Software on a Handheld Product, the ability to access applications, other than those included in the Software; or (C) acquire any new or modified RIM Services. Notwithstanding the foregoing, the Software may include functionality to automatically check for updates or upgrades to the Software, and You may be required to update Software or Third Party Software in order to continue to access or use certain RIM Services, other new Software or Third Party Items or Third Party Services or portions thereof. Unless You, or a third party with whom You have an agreement to provide Your BlackBerry Solution or portions thereof to You, configures Your BlackBerry Solution to preclude the transmission or use of upgrades or updates to the Software, Third Party Software or RIM Services, You hereby agree that RIM may (but is not obligated to) make such updates or upgrades available to You from time-to-time. Any updates or upgrades provided to You by RIM under this Agreement shall be considered BlackBerry Handheld Software, BlackBerry PC Software, BlackBerry Server Software, RIM Services or Third Party Software, as the case may be. Beta Products. If the Software , or any Service accessed through the Software, is identified as pre-commercial, evaluation, "alpha" or "beta" software ("Beta Software" and "Beta Service" respectively), the license rights set out above with respect to Your use of such Beta Software or access to the Beta Services apply only for the time period authorised by RIM ("Test Period") and solely to the extent necessary to enable You, and Your Authorised Users (there are no Authorised Users for Beta Software or Beta Services if You are an individual) to test and provide Feedback to RIM regarding the Beta Software and Beta Services, and any RIM Product provided by RIM for use with the Beta Software ("Beta Hardware", and together with Beta Software and Beta Services, "Beta Products"); and if Beta Software or other Beta Products are provided as part of a RIM developer program, to develop software applications for use solely with the applicable Software, or commercial versions of the Beta Software or other Beta Products, if and when they are commercially released by RIM. Such license will automatically terminate upon the expiration of the Test Period, which period may be extended or terminated by RIM at any time, in its sole discretion, but, unless You are in breach of this Agreement, RIM will, if feasible, use commercially reasonable efforts to provide You with prior notice of any change to the duration of the Test Period. Notwithstanding the Test Period, You acknowledge and agree that RIM may include technical measures in the Beta Products that render them inoperable after a specified period of time and You agree that You will not circumvent such technical measures, nor attempt to do so. In consideration of the grant of license to the Beta Products, You agree that You will provide RIM with Feedback on Beta Products as RIM reasonably requests, including ongoing feedback regarding bugs and faults experienced during the Test Period, without any compensation or reimbursement of any kind from RIM, and that the Section below entitled "Feedback" will apply to such Feedback. RIM may specifically request that You complete a survey related to a specific Beta Product and You agree to complete any such surveys.