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VAR Language: en; VAR issue date: 050307
Template 102x140 querleft page (15) of A31Finch en, A31008-H2920-A1-2-7619 (29.12.2005, 11:27)
© Siemens AG 2005, S_Finch_Main.fm
5. MISUSE OF THE LICENSED SOFT-
WARE OR DATA GENERATED BY THE LI-
CENSED SOFTWARE IS STRICTLY
PROHIBITED BY BENQ, MAY VIOLATE GER-
MAN, 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 effec-
tive from the first date You install, copy or other-
wise 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 auto-
matically and immediately without notice if You
fail to comply with any provision of this Agree-
ment. 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 NEI-
THER BENQ NOR ANY OF ITS LICENSORS
MAKE ANY REPRESENTATIONS OR WAR-
RANTIES, EXPRESS OR IMPLIED, INCLUD-
ING 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 PAT-
ENTS, 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
ERROR-FREE AND BENQ AND ITS LICEN-
SORS HEREBY DISCLAIM ANY AND ALL LI-
ABILITY 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 AS-
SUME ALL RESPONSIBILITY TO ACHIEVE
YOUR INTENDED RESULTS AND FOR THE
INSTALLATION, USE, AND RESULTS OB-
TAINED FROM IT.
8. NO OTHER OBLIGATIONS. This Agree-
ment 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, LI-
CENSORS, AFFILIATES OR AGENTS BE LI-
ABLE FOR ANY DIRECT DAMAGES, LOST
PROFITS, DATA OR BUSINESS, OR COSTS
OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, PROPERTY DAM-
AGE, INTERRUPTION OF BUSINESS OR
FOR ANY SPECIAL, INDIRECT, INCIDEN-
TAL, EXEMPLARY, ECONOMIC, PUNITIVE
OR CONSEQUENTIAL DAMAGES, HOWEV-
ER CAUSED, AND WHETHER ARISING UN-
DER 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 Soft-
ware may include technical data and crypto-
graphic 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 ex-
tent required by U.S. Export Administration
Regulations, that You shall not disclose or oth-
erwise export or re-export the Licensed Soft-
ware or any part thereof delivered under this
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