Acer B1-720 User Reference - Page 51

Termination, General, Additional Provisions Applicable To Third Party Software And Services

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End user license agreement - 51 INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ACER OR ITS SUPPLIERS OR LICENSORS, AND EVEN IF ACER AND ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY AND REMEDIES NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ACER, ITS SUPPLIERS, AND ITS LICENSORS, UNDER ANY PROVISION OF THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING DISCLAIMER OF WARRANTIES AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE; PROVIDED, HOWEVER, THAT BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TERMINATION Without prejudice to any other rights, Acer may immediately terminate this Agreement without notice if you fail to comply with any terms and conditions of this Agreement. In such event, you must: 1. Cease all use of the Software; 2. Destroy or return to Acer the original and all copies of the Software; and 3. Delete the Software from all devices on which it was resident. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive termination of this Agreement. GENERAL This Agreement represents the complete agreement between you and Acer relating to this license for the Software and supersedes all prior agreements, communications, proposals and representations between the parties and prevails over any conflicting or additional terms of any quote, order, acknowledgement or similar communication. This Agreement may only be modified by a written document signed by both parties. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. ADDITIONAL PROVISIONS APPLICABLE TO THIRD PARTY SOFTWARE AND SERVICES Software provided hereunder by Acer's licensors or suppliers ("Third Party Software") is made available to you for your personal, non-commercial use only. You may not use the Third Party Software in any manner that could damage, disable, overburden, or impair the services provided by Acer's licensors or suppliers hereunder ("Third Party Services"). Furthermore, you may not use the Third Party Software in any manner that could interfere with any other party's use and enjoyment of the Third Party Services, or the services and

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End user license agreement - 51
INTERRUPTION, FOR PERSONAL INJURY,
FOR LOSS OF PRIVACY, FOR FAILURE TO
MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE, AND FOR ANY OTHER
PECUNIARY
OR
OTHER
LOSS
WHATSOEVER) ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE
PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS AGREEMENT, EVEN
IN THE EVENT OF THE FAULT, TORT
(INCLUDING
NEGLIGENCE),
STRICT
LIABILITY, BREACH OF CONTRACT OR
BREACH OF WARRANTY OF ACER OR ITS
SUPPLIERS OR LICENSORS, AND EVEN IF
ACER
AND
ITS
SUPPLIERS
AND
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT
YOU MIGHT INCUR FOR ANY REASON
WHATSOEVER
(INCLUDING,
WITHOUT
LIMITATION, ALL DAMAGES REFERENCED
ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF
ACER,
ITS
SUPPLIERS,
AND
ITS
LICENSORS, UNDER ANY PROVISION OF
THIS AGREEMENT, AND YOUR EXCLUSIVE
REMEDY FOR ALL OF THE FOREGOING,
SHALL BE LIMITED TO THE AGGREGATE
AMOUNT
PAID
BY
YOU
FOR
THE
SOFTWARE.
THE
FOREGOING
LIMITATIONS,
EXCLUSIONS
AND
DISCLAIMERS (INCLUDING DISCLAIMER
OF WARRANTIES AND EXCLUSION OF
INCIDENTAL,
CONSEQUENTIAL
AND
CERTAIN
OTHER
DAMAGES
ABOVE)
SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF
ANY
REMEDY
FAILS
ITS
ESSENTIAL
PURPOSE; PROVIDED, HOWEVER, THAT
BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION
OR LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL
DAMAGES,
THE
ABOVE
LIMITATION MAY NOT APPLY TO YOU.
TERMINATION
Without prejudice to any other rights, Acer may
immediately terminate this Agreement without
notice if you fail to comply with any terms and
conditions of this Agreement.
In such event, you must:
1.
Cease all use of the Software;
2. Destroy or return to Acer the original and
all copies of the Software; and
3. Delete the Software from all devices on
which it was resident.
All disclaimers of warranties and limitation of
liability set forth in this Agreement shall survive
termination of this Agreement.
GENERAL
This Agreement represents the complete
agreement between you and Acer relating to
this license for the Software and supersedes
all
prior
agreements,
communications,
proposals and representations between the
parties and prevails over any conflicting or
additional
terms
of
any
quote,
order,
acknowledgement or similar communication.
This Agreement may only be modified by a
written document signed by both parties. If any
provision of this Agreement is held by a court
of competent jurisdiction to be contrary to law
that provision will be enforced to the maximum
extent
permissible
and
the
remaining
provisions of this Agreement will remain in full
force and effect.
ADDITIONAL PROVISIONS APPLICABLE TO THIRD PARTY SOFTWARE AND SERVICES
Software
provided
hereunder
by
Acer's
licensors or suppliers ("Third Party Software")
is made available to you for your personal,
non-commercial use only.
You may not use
the Third Party Software in any manner that
could damage, disable, overburden, or impair
the services provided by Acer's licensors or
suppliers hereunder ("Third Party Services").
Furthermore, you may not use the Third Party
Software in any manner that could interfere
with any other party's use and enjoyment of the
Third Party Services, or the services and