BENQ-SIEMENS EF81 User Manual page 68

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 GER-
MAN, U.S. AND OTHER LAWS AND MAY
SUBJECT YOU TO SUBSTANTIAL LIABILITY.
You are solely responsible for any misuse of the
Licensed Software under this Agreement and
for any liability or damage related 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 effec-
tive from the first date You install, copy or other-
wise 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 auto-
matically and immediately without notice if You
fail to comply with any provision of this Agree-
ment. The rights and obligations under sections
2, 5, 6, 7, 9, 12 and 13 of this Agreement 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
OTHER RIGHTS. THERE IS NO WARRANTY
BY BENQ OR ITS LICENSORS OR BY ANY
OTHER PARTY THAT THE FUNCTIONS
CONTAINED IN THE LICENSED SOFTWARE
WILL MEET YOUR REQUIREMENTS OR
License Agreement
THAT THE OPERATION OF THE LICENSED
SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE AND BENQ AND ITS LICEN-
SORS HEREBY DISCLAIM ANY AND ALL LIA-
BILITY ON ACCOUNT THEREOF. NO ORAL
OR WRITTEN INFORMATION OR ADVICE
GIVEN BY A BENQ REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY
WAY AFFECT THIS DISCLAIMER. YOU AS-
SUME ALL RESPONSIBILITY TO ACHIEVE
YOUR INTENDED RESULTS AND FOR THE
INSTALLATION, USE, AND RESULTS OB-
TAINED FROM IT.
8. NO OTHER OBLIGATIONS. This Agree-
ment creates no obligations on the part of BenQ
other than as specifically set forth herein.
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 LIABILITY
SHALL NOT APPLY IF AND TO THE EXTENT
BENQ´s LIABILITY IS MANDATORY UNDER
THE APPLICABLE LAW E.G. ACCORDING
TO PRODUCT LIABILITY LAW OR IN THE
EVENT OF INTENTIONAL MISCONDUCT,
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.
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