Apriva provides the original purchaser (“Purchaser”) of the product with the following non-transferable License and Limited Warranty:

License
The firmware (software embedded in and provided with the product) is licensed to Purchaser, not sold. Purchaser is granted a non-transferable, non-exclusive license to use the firmware solely in connection with Purchaser’s use of the Product. Purchaser understands and agrees that it is not permitted to distribute the firmware in any form, or to use the firmware except as it is embedded in the non-volatile memory component(s) of the Product. Purchaser agrees that it shall not allow any third party to attempt to reverse engineer, de-compile, or disassemble the firmware for any reason.

Limited Warranty
Apriva warrants to Purchaser that the Product will be free from material defects in workmanship and materials for a period of one (1) year from the date the Product was first purchased (“Warranty Period”). During the Warranty Period and upon proof of purchase of the Product by Purchaser, Apriva, at its option, will either repair or replace the Product without charge for either parts or labor. If the Product is repaired or replaced during the Warranty Period, the Warranty Period will still expire one (1) year from the date of original purchase of the Product.

This Limited Warranty does not apply to normal wear and tear, and does not cover repair or replacement of any Product damaged by misuse, accident, abuse, neglect, misapplication, physical damage to the Product, or defects due to repairs or modifications made by anyone other than Apriva or Apriva’s authorized service representative. This Limited Warranty does not apply to any peripheral equipment or items other than the Product itself, nor does it apply when the malfunction results from the use of this Product in conjunction with accessories other than Research in Motion or other approved ancillary or peripheral equipment. Finally, Apriva will have no obligations hereunder where it is determined by Apriva that there is no defect in the Product itself.
To obtain warranty service, Purchaser must return the Product to Apriva at the address below, transportation and insurance pre-paid.

Apriva 6900 East Camelback Road, Suite 700
Scottsdale, Arizona 85251

Exclusive Remedy; Disclaimer: REPAIR OR REPLACEMENT OF THE PRODUCT AS PROVIDED UNDER THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO PURCHASER. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, STATUTORY, EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OF PURPOSE, AND/OR TITLE/NON-INFRINGEMENT. RESEARCH IN MOTION CORPORATION AND Apriva’S OTHER LICENSORS AND VENDORS DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS IN RELATION TO Apriva’S PRODUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Apriva AND ITS LICENSORS, DISTRIBUTORS, AGENTS, AND VENDORS SHALL IN NO EVENT BE LIABLE TO PURCHASER FOR ANY DAMAGES PURCHASER SUFFERS OR INCURS INCLUDING, BUT NOT LIMITED TO, GENERAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT. IN NO EVENT SHALL LIABILITY OF Apriva AND ITS LICENSORS, DISTRIBUTORS, AGENTS, AND VENDORS TO PURCHASER EXCEED THE PURCHASE PRICE OF THE PRODUCT, THE COST OF REPAIRS, OR THE COST OF PLACING THE PRODUCT, WHICHEVER IS LESSER.

PURCHASER HEREBY WAIVES AND FOREVER RELEASES ANY CLAIMS IT MAY NOW OR IN THE FUTURE HAVE AGAINST Apriva’S LICENSORS, DISTRIBUTORS, AGENTS, AND VENDORS RELATING IN ANY WAY TO THE PRODUCTS. ALL SUCH ENTITIES SHALL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER TO PURCHASER IN CONNECTION WITH THE PRODUCTS.

This limited warranty gives Purchaser specific legal rights. However, some states may not allow the exclusive of limitation or incidental or consequential damages nor allow limitations on how long an implied warranty lasts, not allow provisions that permit the warranty to be voided. Thus, the above limitations or exclusions may not apply to Purchaser.

Choice of Law and Venue: This Limited Warranty is to be construed under the laws of the State of Arizona, without giving effect to the conflict of law principles thereof. The United Nations Convention on the International Sales of Goods do not apply to this Limited Warranty. The parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in Phoenix, Arizona. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this Section.

Entire Agreement: This agreement contains the entire agreement between the parties with respect to the subject matter of this agreement, and it supersedes all other prior and contemporary agreements, understandings, and commitments between the parties with respect to the subject matter of this agreement.