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WHETHER ARISING UNDER CONTRACT,
TORT, NEGLIGENCE, OR OTHER THEO-
RY 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
EXTENT BENQ´s LIABILITY IS MANDATO-
RY 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
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
License Agreement
the U.S. has restricted or prohibited the ex-
port 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
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
Agreement is binding, unless in writing and
signed by a duly authorized representative
of each party. This Agreement shall be bind-
ing 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 par-
ty will not be deemed a waiver of any right re-
lated to a subsequent breach of such
provision or any other right hereunder. Not-
withstanding 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 ac-
cordance with the rules of law in each coun-
try.
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