User's Manual

License Agreement74
THE EXTENT BENQ´s LIABILITY IS
MANDATORY UNDER THE APPLICABLE
LAW E.G. ACCORDING TO PRODUCT
LIABILITY LAW OR IN THE EVENT OF
INTENTIONAL MISCONDUCT, PERSONAL
INJURY OR DEATH.
10. TECHNICAL SUPPORT. BenQ and its
Licensors have no obligation to furnish You
with technical support unless separately
agreed in writing between You and BenQ or
the applicable Licensor.
BenQ and where applicable its Licensors in the
Licensed Software shall be free to use any
feedback received from You resulting from
your access to and use of the Licensed Software
for any purpose including (without limitation)
the manufacture, marketing and maintenance
or support of products and services.
11. EXPORT CONTROL. The Licensed
Software may include technical data and
cryptographic software and is subject to
European Union and U.S. export controls and
may be subject to import or export controls in
other countries. You agree to strictly comply
with all applicable import and export laws and
regulations. Specifically, You agree, to the
extent required by U.S. Export Administration
Regulations, that You shall not disclose or
otherwise export or re-export the Licensed
Software or any part thereof delivered under
this Agreement to (a) Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria or any other
country (including a national or resident of
such country) to which the U.S. has restricted
or prohibited the export of goods or services.
12. APPLICABLE LAW AND FORUM. The
laws of Taiwan govern this Agreement. No
choice of law rules of any jurisdiction will
apply. The courts in Taipei, Taiwan shall settle
any disputes arising out of or relating to this
Agreement provided you are a merchant.
13. MISCELLANEOUS. This Agreement
represents the entire agreement between You
and BenQ relating to the Licensed Software
and (i) supersedes all prior or
contemporaneous oral or written
communications, proposals, and
representations with respect to its subject
matter; and (ii) prevails over any conflicting or
additional terms of any acknowledgement or
similar communication between the parties
during the term of this License.
Notwithstanding the foregoing, some
products of BenQ may require You to agree to
additional terms through an on-line "click-
wrap" license, and such terms shall
supplement this Agreement. If any provision
of this Agreement is held invalid, all other
provisions shall remain valid unless such
validity would frustrate the purpose of this
Agreement, and this Agreement shall be
enforced to the full extent allowable under
applicable law. No modification to this
Agreement is binding, unless in writing and
signed by a duly authorized representative of
each party. This Agreement shall be binding
on and shall inure to the benefit of the heirs,
successors, and assigns of the parties hereto.
The failure of either party to enforce any right
resulting from the breach of any provision of
this Agreement by the other party will not be
deemed a waiver of any right related to a
subsequent breach of such provision or any
other right hereunder. Notwithstanding
anything to the contrary in this Agreement,
BenQ and/or its licensors may enforce its
rights, including but not limited to copyright,
trademark or trade names, in accordance with
the rules of law in each country.
4J.02901.001