License Agreement
60
applicable law notwithstanding this limita-
tion.
Parts of the Licensed Software may be supplied
by third parties and may be subject to separate
license terms. Such terms are set out within the
documentation.
5.
MISUSE OF THE LICENSED
SOFTWARE OR DATA GENERATED BY THE
LICENSED SOFTWARE IS STRICTLY
PROHIBITED BY BENQ, MAY VIOLATE
GERMAN, 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
effective from the first date You install, copy or
otherwise 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
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
SOFTWARE IS PROVIDED "AS IS" AND
NEITHER BENQ NOR ANY OF ITS
LICENSORS MAKE ANY
REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING 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 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
SOFTWARE 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 GIVEN BY A BENQ
REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY AFFECT THIS
DISCLAIMER. 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 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,
LICENSORS, AFFILIATES OR AGENTS BE
LIABLE FOR ANY DIRECT DAMAGES, LOST
PROFITS, DATA OR BUSINESS, OR COSTS
OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, PROPERTY
DAMAGE, INTERRUPTION OF BUSINESS
OR FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, 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
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIMITATION OF
LIABILITY SHALL NOT APPLY IF AND TO
THE EXTENT BENQ´s LIABILITY IS
