T-Mobile Instant Email with BlackBerry™ End User Agreement

1. Acceptance of Terms

This Instant Email with BlackBerry End User Agreement (the "Agreement") is a legal agreement between you and T-Mobile (UK) Limited ("T-Mobile") (together the "Parties" and individually a "Party").

By clicking on "yes" below, you are agreeing to be bound by the terms of this agreement and you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by this agreement, and that you have the authority to do so.

If you do not agree to be legally bound by the terms and conditions of this agreement, click on "no" below. If you do not agree to be bound by the terms of this Agreement (including those documents referenced herein), no agreement will exist between you and T-Mobile and T-Mobile shall have no obligation to supply the Instant Email with BlackBerry Service or any related product or service (the "Instant Email with BlackBerry Service") to you.

If you have any questions or concerns about the terms of this Agreement, please contact us at www.T-Mobile.co.uk. Upon providing you with reasonable notice, including by posting a new version on the web pages associated with the Instant Email with BlackBerry Service, T-Mobile reserves the right to make changes to this Agreement. You further agree that your continued use of the Instant Email with BlackBerry Service constitutes your acceptance of the terms of this Agreement, as revised.

2. Consent to Collection of Information and Privacy

By submitting personal information to T-Mobile pursuant to this Agreement, including without limitation your name, address and telephone number, you consent to the collection, processing, transmission, use, retention and disclosure of such information by T-Mobile and its affiliated companies for any purposes set out in T-Mobile's Privacy Policy below.

3. Term and Other Agreements

This Agreement shall begin upon delivery of the Instant Email with BlackBerry Service to you, and shall end upon: (a) expiry or termination of your agreement(s) with T-Mobile for the services provided to you which are supported by the Instant Email with BlackBerry Service (b) expiry or termination of your BlackBerry End-User/Software License Agreement with the owner of the copyright in the Software, or (c) upon termination of this Agreement in accordance with the provisions set out herein, whichever first occurs.

T-Mobile reserves the right to discontinue or modify the Instant Email with BlackBerry Service at any time. As a precondition for your use of the Instant Email with BlackBerry service, you must be a party in good standing to a current, valid BlackBerry end-user/software license agreement with the owner of the copyright in the Software, and must also be a party in good standing to a current, valid agreement with T-Mobile regarding services supported by the Instant Email with BlackBerry service.

You agree to be governed by any additional terms and conditions that may apply to you arising out your accessing, browsing and/or using of this Instant Email with BlackBerry Service site, whether contained on this Instant Email with BlackBerry Service site or in a separate agreement with T-Mobile. In the event of any conflict between this Agreement and such additional terms and conditions, this Agreement shall govern to the extent of the conflict. Additionally, you agree to comply with the terms and conditions of the BlackBerry End-User/Software License Agreement between you and the owner of the copyright in the Software relating to your use of your BlackBerry wireless handheld and the software provided to you, as well as the terms and conditions of any other agreement between you and T-Mobile and nothing herein shall release you from any obligations contained in such agreements.

4. Third Party Services, Information and Links

The Instant Email with BlackBerry Service may access services provided by third party service providers, including email services ("Third Party Services"), and the Instant Email with BlackBerry Site may also contain links to third party Web sites ("Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information").

The third party services, linked sites and third party information are not under the control of T-Mobile, and T-Mobile is not responsible for the contents, usage or performance of any Third Party Services, Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Third Party Services, Linked Site or Third Party Information.

T-Mobile is not responsible for any form of transmission received from or through any Third Party Service or Linked Site nor is T-Mobile responsible if the Third Party Service or Linked Site is not working appropriately or as expected by you. T-Mobile provides such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply endorsement by T-Mobile of the site or any association with its operators.

You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites, and for complying with any agreements with third parties that you may have in relation to the Third Party Services.
All Third Party Services offered for use with the Instant Email with BlackBerry Service are provided to you through your third party service provider(s) and shall be subject to your agreement with such third party service provider(s). T-Mobile shall have no liability whatsoever to you or any third party claiming by or through you, for any issue relating to the third party services, linked sites, or third party information, including without limitation, the accuracy, timeliness or continued availability of such third party services or the continued interoperability of the third party services with the Instant Email with BlackBerry service.

The Instant Email with BlackBerry Service operates by regularly polling your external e-mail account for e-mails you may have received. You recognise that your e-mail service provider may prohibit any automated querying of its server and/or sites by yourself (or by any third party on your behalf) without you first obtaining its express consent to do so. You are responsible (where necessary) to obtain this consent. T-Mobile will not be liable to you for any consequences you may suffer for not obtaining such consent. In particular, you recognise that the Instant Email with BlackBerry Service may not operate where your e-mail service provider blocks T-Mobile's attempts to poll its servers on your behalf.
Any dealings with third parties conducted through the Instant Email with BlackBerry Service, the Third Party Services or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. T-Mobile shall not be responsible or liable for any part of any such dealings.

5. Your Use Obligations

In consideration of your use of the Instant Email with BlackBerry Service, you agree to: (a) provide true, accurate, current and complete information about yourself where required by T-Mobile, including without limitation, your account and billing information (such information being the "Personal Data") and (b) maintain and promptly update the Personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or T-Mobile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, T-Mobile has the right to suspend or terminate the Instant Email with BlackBerry Service and refuse any and all current or future use of T-Mobile services (or any portion thereof). You acknowledge that T-Mobile's ability to provide the Instant Email with BlackBerry Service depends upon your provision of the Personal Data to T-Mobile, and that your failure to provide true, accurate, current and complete Personal Data to T-Mobile may result in delays or non-performance of the Instant Email with BlackBerry Service for which T-Mobile is not responsible.

You are responsible for all activities undertaken by you using the Instant Email with BlackBerry Service, including, without limitation, use of email. All such activities are at your own risk. You shall not use, nor permit others to use, the Instant Email with BlackBerry Service or any T-Mobile services provided to you in a manner or for a purpose contrary to this Agreement. In the event that you access other networks or computing resources, you agree to abide by their respective usage policies. You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the site, solicit another user's password, or otherwise act in a way that interferes with other users' use of the site. You shall not in any way distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

The Instant Email with BlackBerry Service is not intended for use by children. In the event that you, as a legal guardian, wish to allow your child to use the Instant Email with BlackBerry Service, you acknowledge that your child will have permission to access the Instant Email with BlackBerry Service, including without limitation email. You further acknowledge that, as the legal guardian, it is your responsibility to determine whether use of the Instant Email with BlackBerry Service and/or content transmitted through the Instant Email with BlackBerry Service is appropriate for your child.

You are solely responsible for the selection, implementation, and performance of any and all third-party equipment, software and telecommunication equipment and services (including, without limitation, Internet email connectivity and airtime services used in connection with the Instant Email with BlackBerry Service). You are responsible for ensuring that the email system and computer with which you choose to operate the Instant Email with BlackBerry Service meets T-Mobile's minimum standards for interoperability including, without limitation, processing speed, memory requirements, the choice of email server and client software and the use of dedicated Internet access for accessing Internet email.

You agree that if you transfer your interest in the Instant Email with BlackBerry Service without such transferee having first obtained T-Mobile's written permission for such transfer and without such transferee agreeing to assume all of your obligations under this Agreement (as may be amended from time to time), you remain liable under this Agreement.

6. Prohibited Uses

You agree that you will not use the Instant Email with BlackBerry Service in any manner which could damage, disable, overburden, or impair this site and/or any T-Mobile services (or the network(s) connected to such site or services) or interfere with any other party's use and enjoyment of the Instant Email with BlackBerry Service and/or other T-Mobile services. You will not attempt to gain unauthorized access to the Instant Email with BlackBerry Service and/or any T-Mobile service, other accounts, computer systems or networks connected to or accessed through the Instant Email with BlackBerry Service, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Instant Email with BlackBerry Service.

The Instant Email with BlackBerry Service includes e-mail services and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as software protected by intellectual property laws, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
Post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Communication Services, our network or telecommunication services.
Advertise or offer to sell or buy any goods or services for any business purpose, unless the rules and policies of such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
Restrict or inhibit any other user from using and enjoying the Communication Services, or create an unusually large burden on the Communication Services, such as by generating levels of traffic sufficient to impede others' ability to send or retrieve information.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without prior written authorization from such owners of such information.
Resell any of the Communication Services or use the Communication Services other than for your own personal purposes. Without limiting the foregoing, you agree that you will not use the Communication Services to provide Internet access or any other feature of the Communication Services to any third party.
Violate any applicable laws or regulations.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others.

T-Mobile reserves the right but is not obliged to review materials posted to or sent through a Communication Service and may remove any materials in its sole discretion.

T-Mobile reserves the right at all times to disclose any information as T-Mobile deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. T-Mobile does not control or endorse the content, messages or information found in any Communication Service and, therefore, T-Mobile specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials posted to or sent through a Communication Service may be subject to limitations on size, usage, reproduction, dissemination or other requirements by T-Mobile or by third parties, including without limitation the third party service provider providing you with Third Party Services. You acknowledge that such limitations may apply to your use of the Instant Email with BlackBerry Service and/or the Third Party Services, and you are responsible for adhering to such limitations if you post or send such materials.

7. International Use

As the Instant Email with BlackBerry Service may be accessed globally, if you choose to access this site from locations other than the United States, Canada or the United Kingdom, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, T-Mobile makes no representation that the Instant Email with BlackBerry Service is appropriate or available for use in locations outside the United States, Canada or the United Kingdom, as applicable, and accessing them from territories where their contents are illegal is prohibited.

8. Use of Email Services

You agree that T-Mobile may establish limits concerning use of any services (including Communication Services and email services) offered on this Instant Email with BlackBerry Service site, including without limitation, the maximum number of days that e-mail messages will be retained by the Instant Email with BlackBerry Service, the maximum number of e-mail messages that may be sent from or received by an account on the Instant Email with BlackBerry Service, the maximum size of an e-mail message that may be sent from or received by an account on the Instant Email with BlackBerry Service, the maximum disk space that will be allotted on T-Mobile's servers on your behalf, and the maximum number of times and duration you may access the Instant Email with BlackBerry Service in a given period of time.

You agree that T-Mobile has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Instant Email with BlackBerry Service. You acknowledge that T-Mobile reserves the right to delete without notice to you, accounts that are inactive for an extended period of time.

T-Mobile will use reasonable care and skill in providing the Communications Services but cannot and does not guarantee that the Communications Services will be continuous, uninterrupted, timely, secure or error-free.

In addition to the terms and conditions set out herein, you agree that you: (a) will not continue to send commercial email to a recipient if recipient has requested that you discontinue such communication; (b) will not forward or propagate chain letters of any type (including charity requests or petitions for signatures), whether or not the recipient wishes to receive such mailings; (c) will not intentionally flood a user, server, account or site with large or numerous email messages; and (d) will not forge header information.

T-Mobile prohibits the use of accounts or network connections to collect replies of messages sent from any another provider that violates these terms and conditions of use or those of the originating provider.

The Instant Email with BlackBerry service requires the handheld device to communicate with the Network periodically while the handheld is switched on. Small amounts of data are transferred during such communications for which you will be charged as part of the Charges for the Service

9. Disclaimer of Warranties

The Instant Email with BlackBerry Service is provided "as is" and "as available" and at your sole risk, without warranty of any kind by T-Mobile. T-Mobile does not warrant uninterrupted use or operation of the Instant Email with BlackBerry service, or that any data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time. except as expressly provided herein all representations, warranties, conditions, endorsements and conditions of any kind, express or implied, including without limitation, any warranties of title or non-infringement and any implied representations, warranties and conditions of fitness for a purpose, merchantable quality, durability, performance or non-performance of software, performance of services and those arising from a course of dealing or usage of trade are hereby excluded. T-Mobile shall have no liability to you of any kind with respect to any service provided by any third party through T-Mobile or in conjunction with T-Mobile's services, including without limitation the third party services. your recourse in the event of any such claim with respect to any service shall be solely against such third party.

10. Limitation of Liability

You specifically agree that T-Mobile shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Instant Email with BlackBerry service. you specifically agree that T-Mobile is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. you specifically agree that T-Mobile is not responsible for any content sent using the communication services and/or by any third party, including without limitation viruses. the limitations, exclusions and disclaimers set out in this agreement shall apply: (a) whether an action, claim or demand arises from a breach of warranty or condition, breach of contract, tort (including negligence), strict liability or any other kind of civil or statutory liability connected with or arising out this agreement; and (b) to T-Mobile and its affiliated companies, their suppliers (including any airtime service providers) and their respective directors, officers, employees and independent contractors.

The only type of damages that you may recover against any T-Mobile Party in relation to the provision, use, performance or non-performance of the Instant Email with BlackBerry Service or any portion thereof, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, shall be your direct damages, if any, and the aggregate liability of the T-Mobile Parties shall not in any event exceed the amount paid by you or on your behalf to T-Mobile for the Instant Email with BlackBerry Service for the period such failure, delay or nonperformance occurs.

You agree that in no event shall the T-Mobile parties be liable to you or any party claiming through you for, and you hereby waive your right to claim, any indirect, special, incidental, exemplary or consequential or punitive damages (including lost profits, business or revenues, loss of the use of the Instant Email with BlackBerry service, or any associated products or services, loss of data, cost of capital, cost of substitute goods, facilities, services or replacement services, downtime costs or the claims of any third parties for such damages) directly or indirectly relating to or arising out of this agreement regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, and whether or not such damages were foreseen or unforeseen. the foregoing disclaimer shall apply in circumstances including, but not limited to, your inability to use the Instant Email with BlackBerry service or any part thereof either separately or in combination with any other communications by T-Mobile or through T-Mobile by a third party service provider and to unauthorised access to your data transmitted via communication links provided by such third party service provider as part of the service(s). some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to you. your statutory rights as a consumer are not affected.

Direct liability for negligence of third parties which T-Mobile involves in performing its obligations under this agreement is excluded.

Nothing in this agreement shall exclude or limit the liability of T-Mobile for death or personal injury caused directly by the negligence of T-Mobile, its employees or agents.

11. Indemnification

You shall defend, indemnify, and hold harmless T-Mobile from any claims, damages, losses, or expenses (including without limitation attorney fees and costs) incurred by T-Mobile in connection with all claims, suits, judgements and causes of action: (i) for infringement of patents or other proprietary rights arising from your combining with or using any device, system or service in connection with the Instant Email with BlackBerry Service or any portion thereof, (ii) for damages arising from your breach of any provision of this Agreement, (iii) for libel, slander, defamation or infringement of copyright or other proprietary right with respect to material transmitted by you using the Instant Email with BlackBerry Service or (iv) for any injury, death or property damage arising from your acts in connection with the presence, use or non-use of any portion of the Instant Email with BlackBerry Service (other than such damage to person or property (excluding data) that directly arises from the use of the Instant Email with BlackBerry Service strictly in accordance with the terms of this Agreement and the T-Mobile instructions for use of the Instant Email with BlackBerry Service).

No remedy herein conferred upon T-Mobile is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative. In the event of the termination of this Agreement pursuant to section 13, you shall pay to T-Mobile all attorney fees, collection fees, and related expenses, expended or incurred by T-Mobile in the enforcement of any right or privilege hereunder (including, but not limited to, telephone, freight, express and postal charges, expenses of paid investigators and reasonable compensation for time of T-Mobile's representatives).

The foregoing indemnity shall apply to T-Mobile and its affiliated companies, their suppliers (including any airtime service provider) and their respective directors, officers, employees and independent contractors.

12. Intellectual Property Rights

Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site, including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with T-Mobile.

Any grants not expressly granted herein are reserved. Use of the Instant Email with BlackBerry Service is only licensed to you as expressly set out herein, and the site allowing you access to the Instant Email with BlackBerry Service is protected by Canadian, U.S. and international copyright and patent laws and international treaty provisions.

You may not print, copy, reproduce, distribute, modify or in any other manner duplicate any software or other materials provided to you in conjunction with the Instant Email with BlackBerry Service, in whole or in part. For the purposes of this provision "copy or reproduce" shall not include copying that naturally results from the operation of such software or in the course of making backups of the computer or system on which such software is installed, in accordance with industry standard business practices. You do not have the right to obtain or use any source code for any software provided to you in conjunction with the Instant Email with BlackBerry Service, and may not reverse engineer or disassemble any products or accessories provided to you in conjunction with the Instant Email with BlackBerry Service, or translate, reverse engineer, decompile or disassemble, or otherwise attempt to derive the source code of any software provided to you in conjunction with the Instant Email with BlackBerry Service except only to the extent permitted under section 50B of the Copyright, Designs and Patents Act 1988.

13. Violation of this Agreement and Termination

If the Instant Email with BlackBerry Service is used in a way in which T-Mobile, in its sole discretion, deems to violate this Agreement, T-Mobile or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Communication Services (including email services).

T-Mobile shall not be liable in any way for any such responsive actions. The above-described actions are not T-Mobile's exclusive remedies and T-Mobile may take any other legal, equitable or technical action it deems appropriate.

T-Mobile reserves the right to investigate suspected violations of this Agreement. You hereby authorize T-Mobile 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 T-Mobile providing the username, IP address, or other identifying information about you. Upon termination of any account you may have with T-Mobile, you authorize T-Mobile to delete any files, programs, data and email messages associated with such account.
If you are in default of any obligation under this Agreement T-Mobile may, in addition to all other rights and remedies provided by this Agreement or by law, terminate this Agreement by providing written notice of termination. "Events of Default" shall include, without limitation, failure to comply with or perform a term or condition contained herein, including without limitation the obligations contained in section 6.

If T-Mobile is prevented from providing any portion or all of any of the Instant Email with BlackBerry Service by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other governmental body, or if a notice from a government agency or department indicates either T-Mobile or any provider of Third Party Services is not permitted to provide any portion or all of the Third Party Services, T-Mobile may immediately cease providing the Instant Email with BlackBerry Service without any liability whatsoever to you. Nothing herein shall be construed to require T-Mobile to seek a waiver of any law, rule, regulation, or restriction, or seek judicial review or appeal of any court order. In addition, you understand, acknowledge and agree that T-Mobile may terminate this Agreement without notice if you are in default of any obligation under this Agreement and/or if
(1) you or any user of the Instant Email with BlackBerry Service provided to you (or any component thereof) interfere with T-Mobile's customer service or business operations;
(2) you use the Instant Email with BlackBerry Service in a way that has a detrimental effect upon T-Mobile, its customers or its product(s) and service(s);
(3) you use any portion of the Instant Email with BlackBerry Service, in any manner inconsistent with the instructions found in the applicable user documentation or to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious act;
(4) you materially contravene any other agreement that you may have with T-Mobile, including without limitation, the terms of any click-wrap or shrink-wrap agreement that you have agreed to with respect to T-Mobile's products or software or otherwise,
(5) you violate any code of conduct or other guidelines by which you may be governed in conjunction with your use of the Instant Email with BlackBerry Service, or
(6) you sell or transfer, or attempt to sell or transfer the Instant Email with BlackBerry Service or any part thereof without the prior written permission of T-Mobile, or use or allow the use of the Instant Email with BlackBerry Service other than for your own internal or personal purposes; or
(7) you fail to make payments to T-Mobile in relation to the Instant Email with BlackBerry Service or for any other services provided to you from T-Mobile.

14. Notice

Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, certified mail, return receipt requested, and addressed to you at the billing address supplied to T-Mobile by you, and addressed to T-Mobile (UK) Ltd Hatfield Business Park, Hatfield, Hertfordshire AL10 9BW at the same address. In addition to the foregoing, T-Mobile may, at its option, give you any notice under this Agreement by email.

15. Survival

The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof by either or both Parties, including without limitation the provisions of sections 9, 10, 11, 12, 15, 17 and 18 of this Agreement, shall so survive the completion of performance, cancellation or termination of this Agreement.

16. Force Majeure

Notwithstanding any other provision of this Agreement, neither Party shall be deemed in default of this Agreement for failure to fulfill its obligations when due to causes beyond its reasonable control. This provision shall not be construed as excusing nonperformance of any obligation by either Party to make payment to the other Party under this Agreement.

17. Governing Law and Dispute Resolution

This Agreement is to be construed in accordance with the laws of England, except for any body of law governing conflicts of law. You agree to submit to the jurisdiction of the Courts of England in respect of any dispute arising out of or in connection with this Agreement. The Parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement.

18. General Provisions

Except as otherwise specifically stated in this Agreement, the provisions herein are for the benefit of the Parties and not for any other person or entity. No joint venture, partnership, employment, or agency relationship exists between you and T-Mobile as a result of this Agreement.

Waiver by either Party of any default by the other Party shall not be deemed a continuing waiver of such default or a waiver of any other default. T-Mobile's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of T-Mobile's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Instant Email with BlackBerry Service. T-Mobile may assign this Agreement without notice to you. You shall not assign this Agreement without the prior written consent of T-Mobile (such consent may be withheld or conditioned at T-Mobile's discretion).

T-Mobile may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by its contractor or subcontractors. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and T-Mobile with respect to the Instant Email with BlackBerry Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and T-Mobile with respect to the Instant Email with BlackBerry Service.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English.