BenQ S68 User Manual - Page 42

License Agreement 41 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 Administration Regulations, that You shall not disclose or otherwise export or reexport 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 ex- port 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 ap- ply. The courts in Munich shall settle any dis- putes 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 authorized 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.