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BenQ-Siemens M81 User Manual

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143

License Agreement

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of EF81 FUG en, A31008-H2640-A1-3-7619 (27.04.2006, 13:51)

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(d) You may not reverse engineer, decom-

pile, modify, or disassemble those Licensed

Software programs except and only to the

extent that such activity is expressly permit-

ted by applicable law notwithstanding this

limitation.
Parts of the Licensed Software may be sup-

plied by third parties and may be subject to

separate license terms. Such terms are set

out within the documentation.
5. MISUSE OF THE LICENSED SOFT-

WARE OR DATA GENERATED BY THE LI-

CENSED SOFTWARE IS STRICTLY

PROHIBITED BY BENQ, MAY VIOLATE

GERMAN, U.S. AND OTHER LAWS AND

MAY SUBJECT YOU TO SUBSTANTIAL LI-

ABILITY. 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 Li-

censed Software in violation of this Agree-

ment. You are also responsible for using the

Licensed Software in accordance with the

limitations of this Agreement.
6. TERMINATION. This Agreement is ef-

fective from the first date You install, copy or

otherwise use the Licensed Software. You

may terminate this license at any time by de-

leting or destroying the Licensed Software,

all back up copies and all related materials

provided to You by BenQ. Your license

rights terminate automatically and immedi-

ately 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 LI-

CENSED SOFTWARE IS PROVIDED

"AS IS" AND NEITHER BENQ NOR ANY

OF ITS LICENSORS MAKE ANY REPRE-

SENTATIONS OR WARRANTIES, EX-

PRESS OR IMPLIED, INCLUDING BUT

NOT LIMITED TO THE WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE OR THAT THE

LICENSED SOFTWARE WILL NOT IN-

FRINGE ANY THIRD PARTY PATENTS,

COPYRIGHTS, TRADEMARKS OR OTH-

ER RIGHTS. THERE IS NO WARRANTY

BY BENQ OR ITS LICENSORS OR BY ANY

OTHER PARTY THAT THE FUNCTIONS

CONTAINED IN THE LICENSED SOFT-

WARE WILL MEET YOUR REQUIRE-

MENTS OR THAT THE OPERATION OF

THE LICENSED SOFTWARE WILL BE UN-

INTERRUPTED OR ERROR-FREE AND

BENQ AND ITS LICENSORS HEREBY DIS-

CLAIM ANY AND ALL LIABILITY ON AC-

COUNT 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 SUBSTI-

TUTE GOODS OR SERVICES, PROPER-

TY DAMAGE, INTERRUPTION OF

BUSINESS OR FOR ANY SPECIAL, INDI-

RECT, INCIDENTAL, EXEMPLARY, ECO-

NOMIC, PUNITIVE OR CONSEQUENTIAL

DAMAGES, HOWEVER CAUSED, AND

WHETHER ARISING UNDER CONTRACT,

TORT, NEGLIGENCE, OR OTHER THEO-

RY OF LIABILITY, OR ARISING OUT OF

THE USE OF OR INABILITY TO USE THE