BenQ EL71 User Manual - Page 30

28 Licence Agreement 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 responsible for any misuse of the Licensed Software under this Agreement and for any liability or damage related in any way to your use of the Licensed Software in violation of this Agreement. You are also responsible for using the Licensed Software in accordance 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 Licensed 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 provision of this Agreement. The rights and obligations under sections 2, 5, 6, 7, 9, 12 and 13 of this Agreement shall survive the termination of this Agreement. 7. YOU ACKNOWLEDGE THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND NEITHER BENQ NOR ANY OF ITS LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS 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 SOFTWARE WILL BE UNINTERRUPTED OR ERRORFREE 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 ARISING UNDER CONTRACT, TORT, 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 OR IN THE EVENT OF INTENTIONAL 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. 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 Admin-