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You make of the Licensed Software are in violation
of this Agreement.
(b) You may not use, modify, or transfer the right
to use the Licensed Software other than together
with the accompanying hardware or copy the Li-
censed Software except as expressly provided in
this Agreement.
(c)
You may not sublicense, rent or lease the Li-
censed Software.
(d) You may not reverse engineer, decompile,
modify, or disassemble those Licensed Software
programs except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation.
Parts of the Licensed Software may be supplied by
third parties and may be subject to separate li-
cense terms. Such terms are set out within the doc-
umentation.
5.
MISUSE OF THE LICENSED SOFTWARE
OR DATA GENERATED BY THE LICENSED
SOFTWARE IS STRICTLY PROHIBITED BY
BENQ, MAY VIOLATE GERMAN, U.S. AND
OTHER LAWS AND MAY SUBJECT YOU TO
SUBSTANTIAL LIABILITY. You are solely respon-
sible for any misuse of the Licensed Software un-
der this Agreement and for any liability or damage
related in any way to your use of the Licensed Soft-
ware in violation of this Agreement. You are also
responsible for using the Licensed Software in ac-
cordance with the limitations of this Agreement.
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 Agree-
ment.
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.
15
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