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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 DAMAG-
ES. THE LIMITATION OF LIABILITY SHALL
NOT APPLY IF AND TO THE EXTENT
BENQ´s LIABILITY IS MANDATORY UN-
DER THE APPLICABLE LAW E.G. AC-
CORDING TO PRODUCT LIABILITY LAW
OR IN THE EVENT OF INTENTIONAL MIS-
CONDUCT, PERSONAL INJURY OR
DEATH.
10. TECHNICAL SUPPORT. BenQ and its
Licensors have no obligation to furnish You
with technical support unless separately
agreed in writing between You and BenQ or
the applicable Licensor.
BenQ and where applicable its Licensors in
the Licensed Software shall be free to use
any feedback 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
Software may include technical data and
cryptographic software and is subject to Ger-
man, European Union and U.S. export con-
trols 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 extent required by U.S. Ex-
port Administration Regulations, that You
shall not disclose or otherwise export or re-
export the Licensed Software or any part
thereof delivered under this Agreement to
(a) Cuba, Iran, Iraq, Libya, North Korea, Su-
dan, Syria or any other country (including a
national or resident of such country) to which
the U.S. has restricted or prohibited the ex-
port of goods or services.
Licence Agreement
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 Agree-
ment provided you are a merchant.
13. MISCELLANEOUS. This Agreement
represents the entire agreement between
You and BenQ relating to the Licensed Soft-
ware and (i) supersedes all prior or contem-
poraneous oral or written communications,
proposals, and representations with respect
to its subject matter; and (ii) prevails over
any conflicting or additional terms of any ac-
knowledgement or similar communication
between the parties during the term of this
License. Notwithstanding 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 va-
lidity would frustrate the purpose of this
Agreement, and this Agreement shall be en-
forced to the full extent allowable under ap-
plicable law. No modification to this Agree-
ment 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 here-
to. The failure of either party to enforce any
right resulting from the breach of any provi-
sion of this Agreement by the other party will
not be deemed a waiver of any right related
to a subsequent 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.
69
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