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LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-
FREE AND BENQ AND ITS LICENSORS HEREBY DISCLAIM ANY
AND ALL LIABILITY ON ACCOUNT THEREOF. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY A BENQ
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
AFFECT THIS DISCLAIMER. 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,
PROPERTY DAMAGE, INTERRUPTION OF BUSINESS OR FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC,
PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED,
AND
WHETHER
NEGLIGENCE, OR OTHER THEORY 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 LIABILITY SHALL NOT
APPLY IF AND TO THE EXTENT BENQ´S LIABILITY IS MANDATORY
UNDER THE APPLICABLE LAW E.G. ACCORDING TO PRODUCT
LIABILITY
LAW
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.
ARISING
OR
IN
THE
End User License Agreement (EULA)
UNDER
CONTRACT,
EVENT
OF
TORT,
INTENTIONAL
95
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