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E. End user licence agreement
(i) software, text, downloads, graphics, and links that form part of the
Device, or about results to be obtained from using the Device; and (ii) the
ability of the Device to integrate with any third-party software (including
compatibility issues arising out of upgrades released for mobile operating
systems).
Our maximum aggregate liability under or in connection with this Device
EULA (including your use of the Device) and the Terms of Use whether in
contract, tort (including negligence) or otherwise, shall in all circumstances
be limited to the amount that you paid for the Device, provided that
nothing in this Device EULA shall limit or exclude our liability for (i) death
or personal injury resulting from our negligence, (ii) fraud or fraudulent
misrepresentation, and (iii) any other liability that cannot be excluded or
limited by law.
To the fullest extent permitted by applicable law, Montblanc shall not
be liable for any indirect, incidental, special or consequential damages
of any kind arising out of or in connection with the use of the Device
(including reliance on information made available as part of your use of
the Device) or any liability relating to any loss of use, interruption of busi-
ness, lost profits or lost data, regardless of the form of action, whether in
contract, tort (including negligence) or otherwise, even if Montblanc has
been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not
allow certain exclusions or limitation of warranties or liabilities, and
consequently some of the above exclusions and limitations may not apply.
Termination and suspension
You agree that Montblanc may terminate or suspend your licence to use
the Device at any time, with or without notice to you. We may terminate
your licence if Montblanc reasonably believes that you have violated or
acted inconsistently with the letter or spirit of the Device EULA, or violated
the rights of Montblanc, its affiliated companies or any third party. You
agree that Montblanc may modify or discontinue providing the Device,
with or without notice to you. Upon termination of your licence you must
stop using the Device.
Changes to the Device
You agree that Montblanc may change or update the Device and its
features at any time. Depending on the update, you may not be able to
use the Device until you have downloaded the latest version of it and
accepted any new terms.
General provisions
If any provision, or part of a provision, of this Device EULA is found to be
illegal, invalid or unenforceable, that provision or part-provision shall be
deemed not to form part of this Device EULA, and the legality, validity or
enforceability of the remainder of the provisions of this Device EULA shall
not be affected, unless otherwise required by operation of applicable law.