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80 - End User License Agreement
INTERRUPTION, FOR PERSONAL INJURY,
FOR LOSS OF PRIVACY, FOR FAILURE TO
MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE, AND FOR ANY OTHER
PECUNIARY
WHATSOEVER) ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE
PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS AGREEMENT, EVEN
IN THE EVENT OF THE FAULT, TORT
(INCLUDING
LIABILITY, BREACH OF CONTRACT OR
BREACH OF WARRANTY OF ACER OR ITS
SUPPLIERS OR LICENSORS, AND EVEN IF
ACER
AND
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT
YOU MIGHT INCUR FOR ANY REASON
WHATSOEVER
TERMINATION
Without prejudice to any other rights, Acer may
immediately terminate this Agreement without
notice if you fail to comply with any terms and
conditions of this Agreement.
In such event, you must:
1. Cease all use of the Software;
GENERAL
This Agreement represents the complete
agreement between you and Acer relating to
this license for the Software and supersedes
all
prior
agreements,
proposals and representations between the
parties and prevails over any conflicting or
additional
terms
acknowledgement or similar communication.
ADDITIONAL PROVISIONS APPLICABLE TO THIRD PARTY SOFTWARE AND SERVICES
Software
provided
licensors or suppliers ("Third Party Software")
is made available to you for your personal,
non-commercial use only. You may not use the
Third Party Software in any manner that could
OR
OTHER
LOSS
NEGLIGENCE),
STRICT
ITS
SUPPLIERS
(INCLUDING,
WITHOUT
communications,
of
any
quote,
hereunder
by
Acer's
LIMITATION, ALL DAMAGES REFERENCED
ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF
ACER,
ITS
LICENSORS, UNDER ANY PROVISION OF
THIS AGREEMENT, AND YOUR EXCLUSIVE
REMEDY FOR ALL OF THE FOREGOING,
SHALL BE LIMITED TO THE AGGREGATE
AMOUNT
PAID
SOFTWARE.
LIMITATIONS,
DISCLAIMERS (INCLUDING DISCLAIMER
OF WARRANTIES AND EXCLUSION OF
INCIDENTAL,
CERTAIN
OTHER
SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF
ANY
REMEDY
AND
PURPOSE; PROVIDED, HOWEVER, THAT
BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION
OR LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL
LIMITATION MAY NOT APPLY TO YOU.
2. Destroy or return to Acer the original and
all copies of the Software; and
3. Delete the Software from all phones on
which it was resident.
All disclaimers of warranties and limitation of
liability set forth in this Agreement shall survive
termination of this Agreement.
This Agreement may only be modified by a
written document signed by both parties. If any
provision of this Agreement is held by a court
of competent jurisdiction to be contrary to law
that provision will be enforced to the maximum
extent
permissible
order,
provisions of this Agreement will remain in full
force and effect.
damage, disable, overburden, or impair the
services provided by Acer's licensors or
suppliers hereunder ("Third Party Services").
Furthermore, you may not use the Third Party
Software in any manner that could interfere
SUPPLIERS,
AND
BY
YOU
FOR
THE
FOREGOING
EXCLUSIONS
CONSEQUENTIAL
DAMAGES
ABOVE)
FAILS
ITS
ESSENTIAL
DAMAGES,
THE
ABOVE
and
the
remaining
ITS
THE
AND
AND
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