BenQ EL71 User Manual - Page 31

Agreement to a Cuba, Iran, Iraq, Libya, North Ko

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istration 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 unless such validity would frustrate the purpose of this Agreement, and this Agreement shall be enforced to the full extent allowable under applicable law. No modification to this Agreement is binding, unless in writing and signed by a duly authorised 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 hereto. The failure of either party to enforce any right resulting 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. Notwithstanding anything to the contrary in this Agreement, BenQ and/or its licensors may enforce its rights, including but not limited to copyright, trademark or trade names, in accordance with the rules of law in each country. Licence Agreement 29

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29
Licence Agreement
istration Regulations, that You shall not disclose or
otherwise export or re-export the Licensed Soft-
ware or any part thereof delivered under this
Agreement to (a) Cuba, Iran, Iraq, Libya, North Ko-
rea, 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 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 authorised
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.