Table of Contents
Advertisement
6.
TERMINATION. This Agreement is effective
from the first date You install, copy or otherwise
use the Licensed Software. You may terminate this
license at any time by deleting or destroying the Li-
censed Software, all back up copies and all related
materials provided to You by BenQ. Your license
rights terminate automatically and immediately
without notice if You fail to comply with any provi-
sion of this Agreement. The rights and obligations
under sections 2, 5, 6, 7, 9, 12 and 13 of this Agree-
ment 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 WARRAN-
TIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICU-
LAR PURPOSE OR THAT THE LICENSED
SOFTWARE WILL NOT INFRINGE ANY THIRD
PARTY PATENTS, COPYRIGHTS, TRADE-
MARKS 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 THAT
THE OPERATION OF THE LICENSED SOFT-
WARE WILL BE UNINTERRUPTED OR ERROR-
FREE AND BENQ AND ITS LICENSORS HERE-
BY DISCLAIM ANY AND ALL LIABILITY ON AC-
COUNT THEREOF. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY A BENQ
REPRESENTATIVE SHALL CREATE A WAR-
RANTY OR IN ANY WAY AFFECT THIS DIS-
CLAIMER. YOU ASSUME ALL RESPONSIBILITY
TO ACHIEVE YOUR INTENDED RESULTS AND
FOR THE INSTALLATION, USE, AND RESULTS
OBTAINED FROM IT.
8.
NO OTHER OBLIGATIONS. This Agreement
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, LICENSORS,
AFFILIATES OR AGENTS BE LIABLE FOR ANY
DIRECT DAMAGES, LOST PROFITS, DATA OR
BUSINESS, OR COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, PROPER-
TY DAMAGE, INTERRUPTION OF BUSINESS
OR FOR ANY SPECIAL, INDIRECT, INCIDEN-
TAL, EXEMPLARY, ECONOMIC, PUNITIVE OR
CONSEQUENTIAL DAMAGES, HOWEVER
CAUSED, AND WHETHER ARISING UNDER
CONTRACT, TORT, NEGLIGENCE, OR OTHER
THEORY OF LIABILITY, OR ARISING OUT OF
THE USE OF OR INABILITY TO USE THE LI-
CENSED SOFTWARE, EVEN IF BENQ IS AD-
VISED 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 PROD-
UCT LIABILITY LAW OR IN THE EVENT OF IN-
TENTIONAL MISCONDUCT, PERSONAL
INJURY OR DEATH.
10. TECHNICAL SUPPORT. BenQ and its Licen-
sors have no obligation to furnish You with techni-
cal support unless separately agreed in writing
between You and BenQ or the applicable Licensor.
BenQ and where applicable its Licensors in the Li-
censed 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, mar-
keting and maintenance or support of products and
services.
11. EXPORT CONTROL. The Licensed Software
may include technical data and cryptographic soft-
ware and is subject to German, European Union
and U.S. export controls and may be subject to im-
port 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. Export Admin-
istration Regulations, that You shall not disclose or
otherwise export or re-export the Licensed Soft-
ware or any part thereof delivered under this
Agreement to (a) Cuba, Iran, Iraq, Libya, North Ko-
rea, Sudan, Syria or any other country (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 apply. The
courts in Munich shall settle any disputes arising
out of or relating to this Agreement provided you
are a merchant.
15
Advertisement
Table of Contents
