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13. MISCELLANEOUS. This Agreement repre-
sents the entire agreement between You and
BenQ relating to the Licensed Software and (i) su-
persedes all prior or contemporaneous oral or writ-
ten communications, proposals, and
representations with respect to its subject matter;
and (ii) prevails over any conflicting or additional
terms of any acknowledgement or similar commu-
nication between the parties during the term of this
License. Notwithstanding the foregoing, some
products of BenQ may require You to agree to ad-
ditional terms through an on-line "click-wrap" li-
cense, and such terms shall supplement this
Agreement. If any provision of this Agreement is
held invalid, all other provisions shall remain valid
unless such validity would frustrate the purpose of
this Agreement, and this Agreement shall be en-
forced to the full extent allowable under applicable
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 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 re-
sulting from the breach of any provision 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. Not-
withstanding anything to the contrary in this Agree-
ment, BenQ and/or its licensors may enforce its
rights, including but not limited to copyright, trade-
mark or trade names, in accordance with the rules
of law in each country.
Manufactured by BenQ Mobile GmbH & Co. OHG
under trademark license of Siemens AG.
16
A31008-H2950-A1-3-7619
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