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License Agreement
OR IN THE EVENT OF INTENTIONAL MIS-
CONDUCT, PERSONAL INJURY OR DEATH.
10. TECHNICAL SUPPORT. BenQ and its Li-
censors have no obligation to furnish You with
technical support unless separately agreed in
writing between You and BenQ or the applica-
ble Licensor.
BenQ and where applicable its Licensors in the
Licensed Software shall be free to use any feed-
back received from You resulting from your
access to and use of the Licensed Software for
any purpose including (without limitation) the
manufacture, marketing and maintenance or
support of products and services.
11. EXPORT CONTROL. The Licensed Soft-
ware may include technical data and crypto-
graphic software and is subject to German,
European Union and U.S. export controls and
may be subject to import or export controls in
other countries. You agree to strictly comply
with all applicable import and export laws and
regulations. Specifically, You agree, to the ex-
tent required by U.S. Export Administration
Regulations, that You shall not disclose or oth-
erwise export or re-export the Licensed Soft-
ware or any part thereof delivered under this
Agreement to (a) Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria or any other coun-
try (including a national or resident of such
country) to which the U.S. has restricted or
prohibited the export of goods or services.
12. APPLICABLE LAW AND FORUM. The
laws of Germany govern this Agreement. No
choice of law rules of any jurisdiction will ap-
ply. The courts in Munich shall settle any dis-
putes arising out of or relating to this
Agreement provided you are a merchant.
13. MISCELLANEOUS. This Agreement rep-
resents the entire agreement between You and
BenQ relating to the Licensed Software and (i)
supersedes all prior or contemporaneous oral
or written communications, proposals, and
representations with respect to its subject mat-
ter; and (ii) prevails over any conflicting or ad-
ditional terms of any acknowledgement or
similar communication between the parties
during the term of this License. Notwithstand-
ing the foregoing, some products of BenQ may
require You to agree to additional terms
through an on-line "click-wrap" license, and
such terms shall supplement this Agreement.
If any provision of this Agreement is held
invalid, all other provisions shall remain valid
unless such validity would frustrate the pur-
pose of this Agreement, and this Agreement
shall be enforced to the full extent allowable
under applicable law. No modification to this
Agreement is binding, unless in writing and
signed by a duly authorized representative of
each party. This Agreement shall be binding
on and shall inure to the benefit of the heirs,
successors, and assigns of the parties hereto.
The failure of either party to enforce any right
resulting from the breach of any provision of
this Agreement by the other party will not be
deemed a waiver of any right related to a sub-
sequent breach of such provision or any other
right hereunder. Notwithstanding anything to
the contrary in this Agreement, BenQ and/or
its licensors may enforce its rights, including
but not limited to copyright, trademark or
trade names, in accordance with the rules of
law in each country.
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