Common use of Mission Critical Applications Clause in Contracts

Mission Critical Applications. YOUR BLACKBERRY SOLUTION AND ANY PART THEREOF, IS NOT SUITABLE FOR USE IN MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS OR PERFORMANCE, INCLUDING OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT,WEAPONS SYSTEMS, OR EMERGENCY LOCATOR OR OTHER EMERGENCY SERVICES. YOU REPRESENT AND WARRANT THAT YOU WILL MAINTAIN ADEQUATE DATA RECOVERY AND BACK-UP SYSTEMS, AND IN THE EVENT OF: (i) USE OR SERVICE INTERRUPTION; OR (ii) DIFFICULTIES OR ERRORS IN DATA TRANSMISSION; OR (iii) LOSS OR CORRUPTION OF DATA; YOU AGREE TO IMMEDIATELY: MITIGATE ANY AND ALL LOSSES AND DAMAGES AND REPORT SUCH ISSUES TO RIM. WITHOUT LIMITING THE GENERAL DISCLAIMER OF DAMAGES IN SECTION 23(a), IN NO EVENT SHALL RIM BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF YOUR BLACKBERRY SOLUTION, OR ANY PART THEREOF, FOR MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS OR PERFORMANCE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Appears in 56 contracts

Samples: Blackberry Solution License Agreement, Blackberry Solution License Agreement, Blackberry Solution License Agreement

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Mission Critical Applications. YOUR BLACKBERRY SOLUTION AND ANY PART THEREOF, IS NOT SUITABLE FOR USE IN MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS OR PERFORMANCE, INCLUDING OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT,WEAPONS SYSTEMS, OR EMERGENCY LOCATOR OR OTHER EMERGENCY SERVICES. YOU UNDERTAKE, REPRESENT AND WARRANT THAT YOU WILL MAINTAIN ADEQUATE DATA RECOVERY AND BACK-UP SYSTEMS, AND IN THE EVENT OF: (i) USE OR SERVICE INTERRUPTION; OR (ii) DIFFICULTIES OR ERRORS IN DATA TRANSMISSION; OR (iii) LOSS OR CORRUPTION OF DATA; YOU AGREE TO IMMEDIATELY: MITIGATE ANY AND ALL LOSSES AND DAMAGES AND REPORT SUCH ISSUES TO RIM. WITHOUT LIMITING THE GENERAL DISCLAIMER OF DAMAGES IN SECTION 23(a), IN NO EVENT SHALL RIM BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF YOUR BLACKBERRY SOLUTION, OR ANY PART THEREOF, FOR MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS OR PERFORMANCE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Blackberry Solution License Agreement

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