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License Agreement 91
6. TERMINATION. This Agreement is effective from
the first date You install, copy or otherwise use the Li-
censed 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 SOFT-
WARE IS PROVIDED "AS IS" AND NEITHER BENQ
NOR ANY OF ITS LICENSORS MAKE ANY REPRESEN-
TATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRAN-
TIES 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 SOFT-
WARE WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE LICENSED SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE AND
BENQ AND ITS LICENSORS HEREBY DISCLAIM ANY
AND ALL LIABILITY ON ACCOUNT THEREOF. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIV-
EN BY A BENQ REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY AFFECT THIS DIS-
CLAIMER. 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 cre-
ates no obligations on the part of BenQ other than as spe-
cifically set forth herein.
9. LIMITATION OF LIABILITY. IN NO EVENT
SHALL BENQ, ITS EMPLOYEES, LICENSORS, AFFILI-
ATES OR AGENTS BE LIABLE FOR ANY DIRECT DAM-
AGES, LOST PROFITS, DATA OR BUSINESS, OR COSTS
OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, PROPERTY DAMAGE, INTERRUPTION OF
BUSINESS OR FOR ANY SPECIAL, INDIRECT, INCI-
DENTAL, 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 AD-
VISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF LIABILITY SHALL NOT APPLY
IF AND TO THE EXTENT BENQ´s LIABILITY IS MAN-
DATORY UNDER THE APPLICABLE LAW E.G. AC-
CORDING 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 in-
clude technical data and cryptographic software and is
subject to German, European Union and U.S. export con-
trols and may be subject to import or export controls in
other countries. You agree to strictly comply with all ap-
plicable import and export laws and regulations. Specifi-
cally, 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 Ger-
many 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 contem-
poraneous oral or written communications, proposals,
and representations with respect to its subject matter; and
(ii) prevails over any conflicting or additional terms of