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SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACER, ACER'S SUPPLIERS, OR
ACER'S LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL
OR OTHER INFORMATION, FOR BUSINESS 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 products of Acer's licensors' or suppliers' third party licensors. Your use of the Third Party Software and Third
Party Services is also subject to additional terms and conditions and policies which can be accessed through our global website.
Privacy policy
During registration you will be asked to submit some information to Acer. Please refer to Acer’s privacy policy at www.acer.com/
worldwide/support/swa.htm or your local Acer website.
Gracenote
Music recognition technology and related data are provided by Gracenote
®
.
Gracenote
®
, Gracenote logo and logotype, and the "Powered by Gracenote" logo
are either a registered trademark or a trademark of Gracenote, Inc. in the United
States and/or other countries.
