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pressly permitted by applicable law not-
withstanding this limitation.
Parts of the Licensed Software may be supplied
by third parties and may be subject to separate
license terms. Such terms are set out within the
documentation.
5.
MISUSE OF THE LICENSED SOFT-
WARE OR DATA GENERATED BY THE LI-
CENSED SOFTWARE IS STRICTLY
PROHIBITED BY BENQ, MAY VIOLATE
GERMAN, U.S. AND OTHER LAWS AND
MAY SUBJECT YOU TO SUBSTANTIAL LIA-
BILITY. You are solely responsible for any
misuse of the Licensed Software under this
Agreement and for any liability or damage re-
lated in any way to your use of the Licensed
Software in violation of this Agreement. You
are also responsible for using the Licensed
Software in accordance with the limitations of
this Agreement.
6.
TERMINATION. This Agreement is ef-
fective from the first date You install, copy or
otherwise use the Licensed Software. You may
terminate this license at any time by deleting
or destroying the Licensed Software, all back
up copies and all related materials provided to
You by BenQ. Your license rights terminate
automatically and immediately without notice
if You fail to comply with any provision of this
Agreement. The rights and obligations under
sections 2, 5, 6, 7, 9, 12 and 13 of this Agree-
ment shall survive the termination of this
Agreement.
7.
YOU ACKNOWLEDGE THE LICENSED
SOFTWARE IS PROVIDED "AS IS" AND NEI-
THER BENQ NOR ANY OF ITS LICENSORS
MAKE ANY REPRESENTATIONS OR WAR-
RANTIES, EXPRESS OR IMPLIED, INCLUD-
ING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR
THAT THE LICENSED SOFTWARE WILL
NOT INFRINGE ANY THIRD PARTY PAT-
ENTS, COPYRIGHTS, TRADEMARKS OR
License Agreement
OTHER RIGHTS. THERE IS NO WARRANTY
BY BENQ OR ITS LICENSORS OR BY ANY
OTHER PARTY THAT THE FUNCTIONS
CONTAINED IN THE LICENSED SOFT-
WARE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF THE LI-
CENSED SOFTWARE WILL BE UNINTER-
RUPTED OR ERROR-FREE AND BENQ AND
ITS LICENSORS HEREBY DISCLAIM ANY
AND ALL LIABILITY ON ACCOUNT THERE-
OF. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY A BENQ REPRE-
SENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY AFFECT THIS DISCLAIM-
ER. YOU ASSUME ALL RESPONSIBILITY TO
ACHIEVE YOUR INTENDED RESULTS AND
FOR THE INSTALLATION, USE, AND RE-
SULTS OBTAINED FROM IT.
8.
NO OTHER OBLIGATIONS. This Agree-
ment creates no obligations on the part of
BenQ other than as specifically set forth here-
in.
9.
LIMITATION OF LIABILITY. IN NO
EVENT SHALL BENQ, ITS EMPLOYEES, LI-
CENSORS, AFFILIATES OR AGENTS BE LIA-
BLE FOR ANY DIRECT DAMAGES, LOST
PROFITS, DATA OR BUSINESS, OR COSTS
OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, PROPERTY DAM-
AGE, INTERRUPTION OF BUSINESS OR FOR
ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY, ECONOMIC, PUNITIVE OR
CONSEQUENTIAL DAMAGES, HOWEVER
CAUSED, AND WHETHER ARISING UNDER
CONTRACT, TORT, NEGLIGENCE, OR OTH-
ER THEORY OF LIABILITY, OR ARISING
OUT OF THE USE OF OR INABILITY TO USE
THE LICENSED SOFTWARE, EVEN IF BENQ
IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIMITATION OF LIABILI-
TY SHALL NOT APPLY IF AND TO THE EX-
TENT BENQ´s LIABILITY IS MANDATORY
UNDER THE APPLICABLE LAW E.G. AC-
CORDING TO PRODUCT LIABILITY LAW
33
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