BLACKBERRY BETA ZONE TERMS AND CONDITIONS OF USE

 

IN ORDER TO BECOME A MEMBER OF BLACKBERRY BETA ZONE AND ACCESS THE PASSWORD-PROTECTED PORTIONS OF THE BLACKBERRY BETA ZONE WEBSITES ("BETA ZONE") FOUND AT WWW.BLACKBERRY.COM/BETA FOR BETA PROGRAMS THAT ARE DESIGNATED AS "CONSUMER" PROGRAMS ("CONSUMER PROGRAMS") AND WWW.BLACKBERRY.COM/BUSINESSBETA FOR BETA PROGRAMS THAT ARE DESIGNATED AS "ORGANIZATION ONLY" PROGRAMS ("ORGANIZATION ONLY PROGRAMS"), YOU MUST: (1) FOR ORGANIZATION ONLY PROGRAMS, ENROLL FOR AND BE GRANTED A BETA ZONE USER ACCOUNT ("USER ACCOUNT"); (2) FOR CONSUMER PROGRAMS, HAVE A VALID BLACKBERRY ID ("BBID"); AND (3) AGREE TO THIS AGREEMENT.

1. AGREEMENT

A. Terms of Agreement.  The current BlackBerry Solution License Agreement (the "BBSLA") is the license agreement under which RIM makes RIM services and software for the BlackBerry Solution available and, as modified by these Terms and Conditions of Use, it applies to Beta Zone, including the beta products ("Beta Products") and services ("Beta Services") provided under the various beta programs ("Beta Programs") hosted on Beta Zone.  If You are already using a BlackBerry Handheld, You have already been required to agree to the BBSLA or an earlier version thereof.  You can find the BBSLA at www.blackberry.com/legal.  If there is any conflict between this Agreement and any other agreement that You have with RIM or a RIM affiliate, then this Agreement shall prevail, but only to the extent of such conflict and only in the context of Beta Zone.

B. Consumer Beta Programs.  The BBSLA as modified by these Terms and Conditions of Use forms a legal agreement (the "Agreement") between you individually ("You") and Research In Motion Limited or the subsidiary or affiliate thereof as specified in the BBSLA for Your jurisdiction ("RIM") with respect to Consumer Programs (as defined below) and Your associated use of Beta Zone for Consumer Programs.  

C. Organization Only Beta Programs.  If You are also authorized to act on behalf of Your company or another entity ("Your Organization") and RIM accepts Your enrollment of Your Organization for participation within Beta Zone, then solely with respect to any Beta Program that is designated as an Organization Only Program by RIM and Your associated use of Beta Zone for Organization Only Programs, this Agreement is between Your Organization and RIM, and "You" in that context refers to Your Organization.  Each of You and RIM is referred to in this Agreement as a "Party" and collectively as the "Parties".

D. Effect of Clicking "I Agree".  By clicking "I Agree" below, You acknowledge that You have read, understood and agree to be bound by and comply with this Agreement.  IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT COMPLETE THE REGISTRATION PROCESS FOR A USER ACCOUNT OR PARTICIPATE IN A BETA PROGRAM.  IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS AGREEMENT, PLEASE CONTACT RIM AT legalinfo@rim.com.

E. Additional Terms.  Some Beta Programs may have additional terms ("Additional Terms") that may supplement or modify this Agreement.  These will be presented to You, and You will be required to agree to the Additional Terms, in order to participate in those Beta Programs or to obtain particular Beta Products for those Beta Programs.  Upon acceptance of the Additional Terms, they will form part of the Agreement with respect to those particular Beta Programs only.

2. ACCOUNTS AND PROGRAMS

A. Beta Programs.  In the case of Organization Only Programs, once You have obtained a User Account (which You apply for by filling out the online enrollment form) or, in the case of Consumer Programs, entered Your BBID (if You do not have a BBID, You may obtain a BBID by clicking on the link on the login page for Consumer Programs), and have agreed to this Agreement, You become a member ("Member") of Beta Zone for Organization Only Programs or Consumer Programs, as applicable, and RIM may invite You to participate in Beta Programs in which You will receive access to Beta Products and related documentation.  Participation in Beta Programs is by invitation only.  Being a Member does not guarantee that You will be given access to all, or any particular, Beta Programs or Beta Products.

B. Consumer Programs.  In respect of Consumer Programs in which You have been invited to participate, only You in Your personal capacity may participate in the Consumer Program and You cannot authorize any other individual to participate in the Consumer Program (i.e. there are no "Authorized Users" as defined in the BBSLA for Consumer Programs).

C. Organization Only Programs.  In respect of Organization Only Programs in which Your Organization has, in connection with a User Account, been invited to participate, Authorized Users may participate only if they are an Authorized User of Your Organization.

3. MINORS. Services provided by RIM on Beta Zone are not intended for use by minors.  For the purposes of this Agreement, a "minor" is an individual who is not at least: (a) eighteen years old; and (b) the age of majority in the applicable jurisdiction from which Beta Zone is being accessed.  If You are a minor, You are not permitted to register to create a User Account or to otherwise access or use Beta Zone.

4. REGISTRATION AND PASSWORD.  During the Application process for Your Organization Only Program User Account, You are required to create a password, and Your email address will serve as Your user identification ("User ID"). Your password and User ID will identify You as a Member for the purposes of Organization Only Programs and Your BBID and BBID password will identify You as a Member for the purposes of Consumer Programs.  If during any consecutive six (6) month period You do not log onto Beta Zone, Your membership may be suspended.  If Your membership has been suspended, when You next attempt to logon, You will be asked to confirm or correct Your User ID or BBID and to create a new password.  If You change Your email address You should set up a new User Account in Beta Zone or create a new BBID using Your new email address, as applicable.

5. FORUM MODERATORS.  Forum moderators may be used by RIM to facilitate communication and provide assistance to You in using Beta Zone.  Without limiting RIM's rights under this Agreement, the moderators will have the right to: (a) enforce this Agreement; (b) monitor Your use of Beta Zone; (c) terminate Your use of Beta Zone; (d) make authorizations or exercise discretion relating to Beta Zone; and (e) collect, process, transmit, use, communicate, disclose, edit, refuse to post or remove any information or materials You submit to Beta Zone. 

6. NO WARRANTY.  As set forth in the BBSLA, and without limiting anything therein, the Beta Products are provided “AS IS” and without warranty of any kind.

7. INDEMNITY.  Your obligations and liability pursuant to the Section of the BBSLA entitled "Indemnity/Liability" shall include any claims, damages, losses, costs, or expenses (including, without limitation, legal fees and costs) incurred by a RIM Indemnified Party in connection with all claims, suits, judgments, and causes of action that arise from or relate to Your use or misuse of the Beta Products, Beta Services, Beta Zone or the associated Services, including without limitation content sent or posted by You using the Services, Your connection to Beta Zone, Your non-compliance with the Agreement, or Your violating any third party rights.  

8. TERMINATION.  Notwithstanding any other provision of this Agreement, RIM reserves the right to terminate any User Account, limit or deny access to Beta Zone and/or participation in any Beta Program at its sole discretion and to remove any inappropriate content that You upload to Beta Zone at any time without notice to You, however, if feasible, RIM will use commercially reasonable efforts to provide You with notice of termination.  You may terminate Your User Account and access to Beta Zone by submitting such termination request to RIM at any time.

9. COPYRIGHT.  If You: (i) are a resident of the Cayman Islands or You use the BlackBerry Solution from the Cayman Islands; or (ii) live in a jurisdiction that does not have copyright legislation in force; or (iii) live in a jurisdiction for which copyright legislation in force does not apply to software, then, in addition to any other obligations You may have under the applicable law in Your jurisdiction, You expressly agree that the Copyright Act of Canada shall be deemed to apply to You and Your use of the BlackBerry Solution.

In addition to the means of delivering notice to You set out in the Section of the BBSLA entitled "Notices", notices under this Agreement may be delivered by sending them to Your User Account or by otherwise posting them on Beta Zone.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT RIM AT legalinfo@rim.com.



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