Aturan Main Di BlackBerry

Aturan Main Di BlackBerry

BLACKBERRY SOFTWARE LICENSE AGREEMENT

This BlackBerry Software License Agreement (the “Agreement”) is a legal agreement between you individually if you are agreeing to it in your own capacity, or if you are authorized to acquire the Software on behalf of your company or another organization, between the entity for whose benefit you act (“You”), and Research In Motion Limited (“RIM”) (together the “Parties” and individually a “Party”).  

BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT RIM AT legalinfo@rim.com <mailto:legalinfo@rim.com>.  

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IF, PRIOR TO DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THIS SOFTWARE AND YOU SHOULD:  (A) PROMPTLY RETURN THE SOFTWARE TO RIM, DELETE IT, OR DISABLE IT; (B) IF YOU HAVE PURCHASED A RIM PRODUCT ON WHICH THE SOFTWARE IS PRE-INSTALLED BY OR ON BEHALF OF RIM, PROMPTLY RETURN THE RIM PRODUCT AND THE ACCOMPANYING SOFTWARE AND ITEMS (INCLUDING DOCUMENTATION AND PACKAGING) TO RIM OR THE RIM AUTHORIZED DISTRIBUTOR FROM WHOM YOU OBTAINED THE RIM PRODUCT AND ACCOMPANYING SOFTWARE AND ITEMS; OR (C) IF YOU HAVE PURCHASED A THIRD PARTY HANDHELD PRODUCT ON WHICH THE SOFTWARE IS PRE-INSTALLED BY OR ON BEHALF OF RIM, PROMPTLY ARRANGE FOR THE DISABLEMENT OF THE SOFTWARE WITH RIM OR THE RIM AUTHORIZED DISTRIBUTOR FROM WHOM YOU OBTAINED THE THIRD PARTY HANDHELD PRODUCT AND ACCOMPANYING SOFTWARE AND ITEMS.  If You have paid for the Software, and/or for the RIM Product which You acquired with that Software and are unable to usefully use without that Software, (as applicable), and You provide RIM or the authorized distributor from whom You acquired the Software for the RIM Products with Your proof of purchase within ninety (90) days from the date You acquired the Software, RIM or the authorized distributor will refund the fees (if any) to You which You have paid for these items.  To get a refund for Software on Third Party Handheld Products (note however that the Software is provided at no charge on some Third Party Handheld Product(s) and hence there may be nothing to refund) please contact Your authorized distributor of the Software for that Third Party Handheld Product.  If You are unable to obtain a refund for the Software from an authorized distributor please contact RIM at legalinfo@rim.com.

Definitions.  Unless the context requires otherwise, the defined terms in this Agreement shall have the meanings set out below (and where the context so admits the singular shall include the plural and vice versa).

“Airtime Service” means wide-area wireless network services and any other network services (including wireless local area network, satellite services and Internet services) required for Your BlackBerry Solution.    

“Airtime Service Provider” means the service provider of Airtime Services that support Your BlackBerry Solution.  

“Authorized User(s)” means any of the following who You give permission to use the Software as part of Your BlackBerry Solution:  (a) subject to subparagraph (d) below, any of Your employees, consultants or independent contractors; (b) any friend or family member, or any person that resides in Your premises; (c) any third party who hosts the Software on Your behalf under an agreement with You for such hosting (e.g. IT outsourcer) and who has read and agreed to abide by the terms of this Agreement; and (d) any other person who RIM authorizes in writing.

“BlackBerry Handheld Product” means a wireless handheld device manufactured by or on behalf of RIM. 

“BlackBerry Handheld Software” means the RIM proprietary software (comprised of RIM proprietary: software, firmware, interfaces, content and other data; and Third Party Components) designed for use on a Handheld Product that is:  (a) loaded on the Handheld Product as originally shipped by RIM; or (b) transmitted, distributed or otherwise made available by or on behalf of RIM from time-to-time for use on a Handheld Product.  Examples of BlackBerry Handheld Software include the handheld software pre-installed on a BlackBerry Handheld Product, and the “BlackBerry Application Suite” product transmitted, distributed or otherwise made available by or on behalf of RIM from time to time  for use on Third Party Handheld Products.

“BlackBerry PC Software” means RIM proprietary personal computer software (comprised of RIM proprietary software, interfaces, content and other data; and Third Party Components) designed for only a single user to use and access at any one time.  An example of BlackBerry PC Software is “BlackBerry Desktop Software”, which can be used to provision and maintain synchronization between Your Handheld Product and Your personal computer and provides other desktop management functionality.

“BlackBerry Prosumer Service(s)” means services designed to provide at least some portion of the functionality of BlackBerry Server Software without requiring RIM customers to acquire BlackBerry Server Software.  It includes RIM offerings such as the RIM “BlackBerry Internet Service” and “BlackBerry Mail”.  All or a portion of certain BlackBerry Prosumer Service(s) may  not be supported by Your Airtime Service Provider. 

“BlackBerry Server Software” means RIM proprietary server software (comprised of RIM proprietary:  software, interfaces, content and data; and Third Party Components), a single copy of which is designed to be accessed by multiple Handheld Products at any one time.   Examples of BlackBerry Server Software include the “BlackBerry Enterprise Server” product, which is designed to integrate with and provide a  link between certain corporate application servers (such as email servers) and the Handheld Products provisioned to operate with “BlackBerry Enterprise Server” software, and the “BlackBerry Unite!” product, which is designed to integrate and provide a link between Your personal computer running the “BlackBerry Unite!” product and the Handheld Products provisioned to operate with the “BlackBerry Unite!” product.

“Documentation” means the applicable installation guide or standard end user documentation prepared and supplied by RIM for the specific type and version of Software, RIM Product or Service, including any safety instructions.  Documentation is also available via http://www.blackberry.com/knowledgecenterpublic/livelink.exe?func=ll&objId=8067 or by contacting RIM at legalinfo@rim.com <mailto:legalinfo@rim.com>.  For certainty, Documentation does not include any installation guide or end-user documentation that is prepared other than by RIM by or on behalf of an Airtime Service Provider or other third party.

“Handheld Product” means:  (a) a BlackBerry Handheld Product; or (b) a Third Party Handheld Product.

“RIM Product” means any of the BlackBerry Handheld Products and any RIM supplied accessories for such BlackBerry Handheld Product exclusive of any Software, including, without limitation, any smart card reader.

“Software” means any of the BlackBerry Handheld Software, BlackBerry PC Software or BlackBerry Server Software provided to You under this Agreement, in whatever form, medium or manner provided or subsequently installed or used.  If the Software has the capability to provision (i.e. activate)  BlackBerry Handheld Software, then, the term “Software” includes any and all BlackBerry Handheld Software (including any and all updates or upgrades thereto) that is provisioned using the Software.     The term “Software” shall not include any Third Party Software, whether or not the Third Party Software accompanies, is provided with, or operates in conjunction with, the Software and/or any other portion of Your BlackBerry Solution or Third Party Handheld Product.  

“Service” means any RIM service provided to You in conjunction with Your BlackBerry Solution (including, without limitation, any RIM service, such as BlackBerry Prosumer Service, for which You subscribe, and any new RIM service or modification to an existing RIM service that RIM provides, or otherwise makes available to You from time-to-time).

“Third Party Components” means software, interfaces, and firmware, licensed by RIM from a third party for incorporation into a RIM product and distribution as an integral part of that RIM product under a RIM brand.   

“Third Party Content” means content proprietary to a third party, including, without limitation, third party files, databases and websites.   

“Third Party Handheld Product” means any wireless handheld device, other than a BlackBerry Handheld Product, on which BlackBerry Handheld Software or any portion thereof, has been designed by RIM to operate, and in relation to which RIM has entered into an agreement with Your Airtime Service Provider authorizing that third party wireless device to access the RIM infrastructure.

“Third Party Services” means services provided by a third party, excluding Airtime Services.

“Third Party Software” means software applications proprietary to a third party but shall not include Third Party Components.

“Your BlackBerry Solution” means the Software, and at least one of the following additional items which You obtain, install, provision, or otherwise authorize and accept responsibility for the use of in conjunction with the Software, as applicable in Your circumstances:  RIM Product, BlackBerry Server Software, BlackBerry Handheld Software, BlackBerry PC Software and Service(s); along with the applicable Documentation.

Software and Documentation License.  The Software is licensed and not sold under this Agreement.  Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-transferable license that permits You and Your Authorized Users:  

(a) if the Software is BlackBerry Server Software: 

· to install and use up to the number of copies (including virtual copies) of the Software corresponding to the fees for the Software paid to RIM or RIM’s authorized distributor (and if no fees for the Software are payable to RIM or RIM’s authorized distributor, then to install and use up to the number of copies otherwise authorized by RIM); and  

· to enable up to the number of Handheld Products corresponding to the fees paid to RIM or RIM’s authorized distributor to access the Software (and if no fees are payable to RIM or RIM’s authorized distributor to enable Handheld Products to access the Software, then to enable up to the number of Handheld Products otherwise authorized by RIM) (for example, if You are running “BlackBerry Enterprise Server” software, You must acquire client access licenses for the number of Handheld Products used in conjunction with that BlackBerry Server Software); and

(b) if the Software is BlackBerry Handheld Software or BlackBerry PC Software and:

· if the Software is pre-installed on hardware, then, to use the single copy of that Software installed on the hardware; or

· if the Software is not pre-installed on hardware, then, to install and use, and permit Authorized Users to install and use, the Software on the applicable hardware corresponding to the fees for the number of copies of the Software paid to RIM or RIM’s authorized distributor (and if no fees are payable to RIM or RIM’s authorized distributor for the Software, then to install and use up to the number copies otherwise authorized by RIM).

In all cases, You or Your Authorized Users may not use or allow the use of the Software or access the Services other than for Your own internal or personal purposes and other than as part of Your BlackBerry Solution.  If an Authorized User wishes to use the BlackBerry Handheld Software with another BlackBerry solution (i.e. a BlackBerry solution comprised of RIM proprietary products, software or services which You have not obtained, installed or provisioned, and You are prepared to permit, but do not accept responsibility for,  such use; “Other BlackBerry Solution”)), then such use is not covered by this license agreement  and the Authorized User must 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. (e.g. if You are a corporation and Your employee wishes to use the BlackBerry Handheld Software, in conjunction with his or her home installation of “BlackBerry Unite!” or personal BlackBerry Prosumer Services, and You permit but do not take responsibility for such use, Your employee must, in addition to being an Authorized User under this Agreement, enter into a BlackBerry Software License Agreement with RIM, in his or her personal capacity, entitling use of the Software with this Other BlackBerry Solution).  In most cases the BlackBerry Software License Agreement will be presented to the individual when he or she installs the ”BlackBerry Unite!” product or provisions the BlackBerry Handheld Software for use with BlackBerry Prosumer Services, and is otherwise available from RIM at www.blackberry.com/legal).  This license does not imply any rights to:  (i) future upgrades or updates of the Software or Third Party Software; (ii) in the case of BlackBerry Handheld Software on a Handheld Product, the ability to access applications, other than those included in the Software; or (iii) acquire any new or modified Services.

The Software may include functionality to automatically check for updates or upgrades to the Software.  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 Services, You hereby agree that  RIM may make such updates or upgrades available to You from time-to-time.  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 under other, or additional terms and conditions, in which case, 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.  You may not copy, reproduce or in any other manner duplicate the Software, except as authorized in this Agreement or in a separate written agreement between You and RIM.  For the purposes of this provision “copy” or “reproduce” shall not include copying of statements and instructions of the Software that naturally occurs during normal program execution when used in accordance with and for the purposes described in the Documentation or in the course of making unmodified regular back-ups of the Software or of the computer or system on which the Software is installed, in accordance with industry standard business practices.  You may not copy any Documentation or portion thereof unless specifically authorized in writing to do so by RIM.  You may download a single copy of the Documentation from http://www.blackberry.com/knowledgecenterpublic/livelink.exe?func=ll&objId=8067 solely for Your use under these terms and conditions.

Use of Your BlackBerry Solution.  You are responsible for all activities with respect to Your BlackBerry Solution undertaken by You and Your Authorized Users and You will ensure that:

(a) You and Your Authorized Users will only use Your BlackBerry Solution and any component thereof, in accordance with this Agreement, all applicable laws and regulations, and the appropriate Documentation for Your BlackBerry Solution or portion thereof;

(b) You have the right and authority to enter into this Agreement, either on Your own behalf or on behalf of a company or other entity, or minor, and that You are over the age of majority;

(c) Any information that is provided to RIM pursuant to this Agreement is true, accurate, current and complete;

(d) You and Your Authorized Users will not knowingly, after making such inquiries as a reasonable person in Your or Your Authorized User’s position would undertake, use or permit others to use Your BlackBerry Solution or portion thereof in isolation or with any other software or data in a manner that in RIM’s judgment, acting reasonably, interferes with, degrades or adversely affects any software, system, network or data used by any person including RIM or an Airtime Service Provider or otherwise has a detrimental effect upon RIM, an Airtime Service Provider or any of their respective customers or products or services, and You will immediately cease any such activity upon RIM delivering notice of same to You;

(e) You and Your Authorized Users will not transmit harassing, abusive, libelous, illegal or deceptive messages, content or information;

(f) You and Your Authorized Users will not use Your BlackBerry Solution, or any part thereof, to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any breach of privacy or infringement , violation or misappropriation of any intellectual property rights and/or other proprietary rights of any third party (including, without limitation, copying and sharing Third Party Content for which You and Your Authorized Users do not have the rights to copy and share, or unlawfully circumventing any digital rights management protections);  

(g) You and Your Authorized Users will not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Software or any part thereof, or Your entitlement to use the Services or any part thereof, (including operating a service bureau or equivalent service using the Software  to any other person, without the prior express written permission of RIM;

(h) You and Your Authorized Users will not transfer, or attempt to transfer, any Software or any part thereof pre-installed by or on behalf of RIM on a BlackBerry Handheld Product for use on any other handheld device without the prior written permission of RIM; and

(i) You and Your Authorized Users will cooperate with RIM and provide information requested by RIM to assist RIM in investigating or determining whether there has been a breach of this Agreement and provide RIM with access to the premises and computers where the RIM Products, Services or Software are or have been used.  You hereby authorize RIM to cooperate with:  (1) law enforcement authorities in the investigation of suspected criminal violations; (2) third parties in investigating acts in violation of this Agreement; and (3) system administrators at Internet service providers, networks or computing facilities in order to enforce this Agreement.  Such cooperation may include RIM disclosing Your or Your Authorized Users username, IP address, or other personal  information.

Third Party Content and Third Party Services.  As part of the capability of Your BlackBerry Solution, Third Party Content and Third Party Services may be provided, transmitted or otherwise made available to You. You may also have access to links (either by way of icons or bookmarks) to specific third party websites (“Linked Sites”) and access to other websites (“Other Sites”) or information that enable You:  (a) to access Third Party Content; or (b) to acquire Third Party Services.  RIM is pleased to be able to offer You these features, but can only do so with Your clear understanding, acknowledgement and agreement that, notwithstanding that RIM may provide links to websites and may make available Third Party Services and Third Party Content to You, THE THIRD PARTY SERVICES, LINKED SITES, OTHER SITES, AND THIRD PARTY CONTENT ARE NOT UNDER THE CONTROL OF RIM, AND ARE IN NO WAY ENDORSED BY RIM.  RIM cannot guarantee access to any particular website using Your BlackBerry Solution.  If You are unsure whether RIM is the source of a website, content or service, please contact RIM at legalinfo@rim.com.  If You deal with third parties through the Internet, take care to ensure You know who You are dealing with, and that You know the terms and conditions associated with those websites and any services You may receive, including, without limitation, delivery and payment terms, ability to return goods, privacy terms and security features to protect Your private information and to ensure Your personal safety.  If You enter into agreements with third parties on the Internet, You will be responsible for complying with the terms and conditions of those agreements.

Third Party Software and Third Party Components.  To enhance Your experience with Your BlackBerry Solution, the Software may include Third Party Components and Third Party Software may be provided in conjunction with the Software when originally shipped by RIM or may subsequently be transmitted, distributed or otherwise made available to You from time-to-time.  The use of the Third Party Software and Third Party Components (including any updates or upgrades thereto) may be subject to separate or additional terms and conditions.  These separate or additional terms and conditions, if any, will be made available in a text file accompanying the Software or, in the case of Third Party Software, may be made available when You use or install the Third Party Software for the first time.  With respect to Third Party Software provided to You, RIM is only able to provide such software with Your understanding, acknowledgment and agreement that such software is:  (a) provided as a convenience to You only; and (b) unless it is accompanied by a separate software license, is subject to the terms and conditions of this Agreement as though it were Software, except that it is provided by RIM “AS IS” with no express or implied conditions, endorsements, guarantees, representations or warranties.  If You wish to obtain Third Party Software on other terms, You should acquire this Third Party Software directly from its suppliers.  If a separate license agreement or additional terms and conditions apply to any Third Party Software or Third Party Components provided by RIM, then the provisions of this Agreement related to Third Party Software and Third Party Components will still apply and in no event shall such separate license agreements or additional terms and conditions between You and the supplier be binding on RIM or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, upon RIM whatsoever.  To the extent that any particular Third Party Component is covered by additional terms and conditions that provide You with rights to use, copy, distribute, or modify all or part of such Third Party Component broader than the rights afforded You under this Agreement for the Software then, solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the benefit of such broader rights.   For purposes of clarity, this provision does not apply to any Sun Microsystems Inc. java code used in conjunction with a Third Party Handheld Product which is to be licensed to You by the supplier or manufacturer of the Third Party Handheld Product.

Your Computer Systems and Airtime Services.  Except as the Parties expressly agree in writing, RIM has no responsibility for the selection, implementation, interoperability and performance of any and all third party hardware (including, without limitation, Third Party Handheld Product(s)), software and services (including, without limitation, Internet connectivity and Airtime Services) used in association with Your BlackBerry Solution.  In most instances, Your BlackBerry Solution will require a subscription for Airtime Services in order to use Your BlackBerry Solution and You must acquire this subscription through an Airtime Service Provider, either directly or where available through RIM, which Airtime Services shall be subject to the terms and conditions of such Airtime Service Provider.  If You wish to obtain information about which Airtime Service Providers support Your BlackBerry Solution in Your location please contact RIM via legalinfo@rim.com.  You are responsible for ensuring that the hardware, software and services (including, without limitation, Internet connectivity and Airtime Services) with which You choose to operate Your BlackBerry Solution meets RIM’s minimum requirements, including, without limitation, the processing speed, memory, client software and the availability of dedicated Internet access required for Your BlackBerry Solution as set out in the Documentation, and that You and Your Authorized Users’ use of such hardware, software and/or services with Your BlackBerry Solution is not in violation of any licenses, terms, conditions, laws, rules and/or regulations respecting the use of such hardware, software or services.

Desktop Cryptography Support.  The Software may include software modules that allow users to extend certain of their existing desktop-based cryptography implementations (such as S/MIME v.3 (or greater) or implementations based on the RFC 2440 standards) (each a “Desktop Cryptography Implementation”) wirelessly to certain Handheld Products.  You cannot use each such software module without first obtaining and using a separately available installer.  A list of the distributor(s) of the appropriate installer may be found at <http://www.blackberry.com/select/legal/smime_pgp.shtml>.  RIM does not provide any portion of the cryptography infrastructure required for the Desktop Cryptography Implementation itself and RIM takes no responsibility for the selection, acquisition, implementation, performance or non-performance, support, accuracy or reliability of any portion of Your cryptography infrastructure, including, without limitation, the selection, accuracy or reliability of the infrastructure software, or any trust signatures, public keys, third party certificates and related services, or any authentication or authentication method, used in conjunction with the cryptography infrastructure.  You are responsible for ensuring that You comply with any terms and conditions, rules and regulations respecting Your use of the applicable cryptography infrastructure, certificates, public keys, and any other services or software You may use in conjunction with Your particular Desktop Cryptography Implementation.  RIM HAS NO LIABILITY WHATSOEVER FOR ANY ISSUE ARISING FROM OR RELATING TO YOUR DESKTOP CRYPTOGRAPHY IMPLEMENTATION.

Intellectual Property.  You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or rights in any confidential information or trade-secrets, in or relating to Your BlackBerry Solution or any part thereof.  You also do not acquire any rights in or related to Your BlackBerry Solution or any component thereof, other than the rights expressly licensed to You under this Agreement or in another mutually agreed upon written agreement that You may have with RIM.  No title and/or any right of possession to the RIM Product(s) (if any) is granted by virtue of this Agreement.  Any rights not expressly granted herein are expressly reserved.  The Software, including any copies You make of the Software, is only licensed, and not sold, to You, and the Software, all Documentation and any site(s) which allow You to access any Services are protected by Canadian, U.S. and international copyright and patent laws and international treaty provisions.  There are severe penalties both civil and criminal for intellectual property infringement.  You agree that nothing in this Agreement shall adversely affect any rights and recourse  any  remedies, including, without limitation, injunctive relief, that RIM may have under any applicable laws relating to the protection of RIM’s intellectual property or other proprietary rights.

Cisco Non-Assert Pass-through.  If Your BlackBerry Solution contains any Cisco Technology, in consideration of Your right to use the Cisco Technology, You agree not to assert any patent rights related to the Cisco Technology against Cisco, Cisco’s customers, Cisco’s distributors or licensees of the Cisco Technology for making, having made, using, selling, offering for sale, or importing products complying or implementing the Cisco Technology.   For the purposes of this Agreement, “Cisco Technology” means software, Lightweight Enhanced Authentication Protocol (“LEAP”), LEAP specifications, Cisco Client Extensions technology, technical information, and algorithms, as they solely relate to the LEAP and/or Cisco Client Extensions, as appropriate.

Export Restrictions and U.S. Government Licenses.  You acknowledge that the Software includes encryption software that may be subject to export, import, and/or use controls by Government Authorities (as hereinafter defined) by way of law or regulation.  You agree that the RIM Products and Software will not be exported, imported, used, transferred, or re-exported except in compliance with the laws and regulations of the national and/or other (sub-national and/or supranational) government authorities with authority over the country(ies) and/or territory(ies) from which the RIM Products and Software are being exported or to which the RIM Products and Software are being imported (collectively, the “Government Authority(ies)”).  Without limitation, the RIM Products and Software will not be exported:  (i) to any country on Canada’s Area Control List; (ii) to any country subject to UN Security Council embargo or action; (iii) contrary to Canada’s Export Control List Item 5505; (iv) to countries subject to U.S. economic sanctions and embargoes; and (v) to persons or entities prohibited from receiving U.S. exports or U.S.-origin items.  If You have any questions regarding this Section, please contact RIM at legalinfo@rim.com <mailto:legalinfo@rim.com>.  You hereby represent that:  (1) to the best of Your knowledge You are eligible to receive the RIM Product(s) and Software under applicable law; (2) You will not use the RIM Products and Software in the development, production, handling, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or their missile delivery systems, or of materials or equipment that could be used in such weapons or their missile delivery systems, or resell or export to anyone or any entity involved in such activity; and (3) You will ensure that Authorized Users use the RIM Product(s) and Software in accordance with the foregoing restrictions.  You hereby agree to indemnify RIM and the Airtime Service Provider from any claims, actions, liability or expenses (including reasonable lawyers’ fees) resulting from Your failure to act in accordance with the acknowledgements, agreements, and representations in this Section.  Notwithstanding any agreement with a third-party or any provision of law, regulation or policy, if You are any agency of the government of the United States of America, then Your rights in respect of the Software shall not exceed the rights provide under this Agreement, unless expressly agreed upon by RIM in a written agreement, signed by Chief Operating Officer or Chief Executive Office of RIM,  between You and RIM.

Security.  Your BlackBerry Solution may utilize a level of encryption data security for communications between Your Handheld Product and the computer system with which it operates.  You assume full responsibility for the establishment of appropriate security measures to control access to Your Handheld Product and such computer system.

Confidentiality.  You acknowledge and agree that the Software was developed at considerable time and expense by RIM and is confidential to and contains trade-secrets of RIM and its suppliers.  You agree to maintain the Software in strict confidence and not to disclose or provide access thereto to any person except to Authorized Users with a need for access to exercise the license rights conferred hereby.

No Reverse Engineering.  This Agreement gives You no right to obtain from RIM or its distributors any source code for the Software, and, except to the extent that RIM is expressly precluded by law from prohibiting these activities, You agree that neither You nor Your Authorized Users will alter, modify, adapt, create derivative works, translate, deface, decompile, disassemble or Reverse Engine