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BenQ and where applicable its Licensors in the Licensed 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, marketing and maintenance or support of
products and services.
11. EXPORT CONTROL. The Licensed Software may include technical
data and cryptographic software and is subject to German, European
Union and U.S. export controls and may be subject to import 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 Administration Regulations, that You shall
not disclose or otherwise export or re-export the Licensed Software or any
part thereof delivered under this Agreement to (a) Cuba, Iran, Iraq, Libya,
North Korea, 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.
13. MISCELLANEOUS. This Agreement represents the entire agreement
between You and BenQ relating to the Licensed Software and (i)
supersedes all prior or contemporaneous oral or written communications,
proposals, and representations with respect to its subject matter; and (ii)
prevails over any conflicting or additional terms of any acknowledgement
or similar communication between the parties during the term of this
License. Notwithstanding the foregoing, some products of BenQ may
require You to agree to additional terms through an on-line "click-wrap"
license, and such terms shall supplement this Agreement. If any provision
of this Agreement is held invalid, all other provisions shall remain valid
96
End User License Agreement (EULA)
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