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7 • Restricted Rights Legend.
In the case where the Software is license to a
U.S. Government agency, you agree that the Software is commercial computer
software and, together with related materials, are subject to the restrictions on
U.S. Government use, duplications or disclosure as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013, subparagraph (g)(3)(i) of FAR 52.227-14, Alternate III, or
other applicable regulations concerning Restricted Rights.
8 • Miscellaneous.
You agree not to export or re-export the Software without
the appropriate United States or foreign government licenses. This Agreement
will be governed by the laws of the State of California, as they apply to agree-
ments between California residents, without giving effect to choice of law provi-
sions. This is the entire agreement and supersedes any prior agreement, whether
written or oral, relating to the subject matter of this Agreement.
AcerCare - Warranty Upgrades and Extensions
Upgrade or extend the standard warranty that covers your Acer computer.
For assistance, call:
US: 1-800-223-7703
Taiwan: 632-080-021147
Check the warranty information included in the handbook and the Acer
Information Center software installed on your system for details.
Shop Acer
Find out about accessories and upgrades that you can purchase for your com-
puter.
For assistance, call:
US
1-800-381-2237
Taiwan
632-080-021147
Internet Addresses:
http://www.shopacer.com
http://www.aspire.acer.com
http://www.acer.chumbo.com
System Warranty Information
For Limited Product Warranty information, please refer to the following pages.
For other service options, refer to the Acer Information Center software
installed on your computer.
The Acer warranty does not cover the following:
•
Acer products purchased from any source other than Acer or its authorized
resellers
•
All software and hardware not factory pre-installed
•
Questions regarding all software, including factory pre-installed software
•
Online services, including the Internet
•
Damage from misuse, abuse, or neglect
•
Coverage for anyone who purchases, leases, or otherwise obtains an Acer
computer from the original owner
ring or assigning all or part of the Software, or any rights granted hereunder, to
any other persons and removing any proprietary notices, labels or marks from
the Software is strictly prohibited. Futhermore, you hereby agree not to create
derivative works based on the Software.
2 • Copyright.
You acknowledge that no title to the intellectual property in
the Software is transferred to you. You further acknowledge that title and full
ownership rights to the Software will remain the exclusive property of the
Software Publisher or its suppliers, and you will not acquire any rights to the
Software except as expressly set forth above. All copies of the Software will
contain the same proprietary notices as contained in or on the Software.
3 • Reverse Engineering.
You agree that you will not attempt, and if you are a
corporation, you will use your best efforts to prevent your employees and con-
tractors from attempting, to reverse compile, modify, translate or disassemble
the Software in whole or in part. Any failure to comply with the above or any
other terms and conditions contained herein will result in the automatic termi-
nation of this license and the reversion of the rights granted hereunder to the
Software Publisher.
4 • Limited Warranty.
The Software Publisher warrants that the media on
which the Software is furnished is free from any physical defects under normal
use for a period of 90 days from the date of purchase (“Limited Warranty”).
Any other software and any hardware furnished with or accompanying the
Software is not warranted by the Software Publisher. Neither the Software
Publisher nor Acer warrants that the functions contained in the Software will
meet your requirements or that the operation of the Software will be uninter-
rupted or error-free.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE SOFTWARE IS
PROVIDED “AS IS.” THE SOFTWARE PUBLISHER AND ACER DISCLAIMS AND
MAKES NO EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY DIS-
CLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIC-
ULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFT-
WARE IS WITH YOU.
5 • Customer Remedies.
The Software Publisher’s entire liability and your only
remedy shall be, at the Software Publishers’ option, to (a) attempt to correct
the errors believed to be causing the defect, (b) replace the Software with
functionally equivalent software or (c) refund the purchase price of the
Software; provided however, that you must return all copies of the Software
and accompanying documentation.
6 • No Liability for Consequential Damages.
IN NO EVENT SHALL THE
SOFTWARE PUBLISHER OR ACER BE LIABLE TO YOU FOR ANY CONSE-
QUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF THE USE OF THE SOFTWARE EVEN IF THE POSSIBILITY OF
SUCH DAMAGES HAVE BEEN ADVISED.
Some jurisdictions do not allow the exclusions of implied warranties of limita-
tions on how long implied warranties may last, or the exclusion or limitation of
incidental or consequential damages, so such limitations or exclusions may not
apply to you. This Limited Warranty gives you specific rights and you may also
have other rights which vary from jurisdiction to jurisdiction.
